Int'l Fidelity Ins. v. Sweet Little Mexico Corp., No. 11-40449 (5th Cir. 2011)Annotate this Case
SLM appealed the district court's grant of summary judgment in favor of IFIC, a surety, against SLM, the principal on a bond pursuant to which IFIC paid Customs import duties assessed against SLM. The court held that the district court had jurisdiction to adjudicate IFIC's claims against SLM; exclusive jurisdiction over these claims did not lie in the Court of International Trade (CIT). The court also held that the district court did not abuse its discretion in refusing to dismiss or abate IFIC's action until the proceedings in the CIT have concluded. With regard to the merits of IFIC's claims against SLM, the court affirmed the district court's grant of summary judgment in favor of IFIC, concluding that SLM was required to pay IFIC the amounts that IFIC had paid to Customs pursuant to its bond obligations.