2/23/26 — Companies File Protective Lawsuits to Preserve IEEPA Tariff Refund Rights

Following the Supreme Court's landmark ruling in Learning Resources, Inc. v. Trump on February 20, 2026, which struck down IEEPA tariffs as unconstitutional, a wave of companies have filed protective lawsuits at the U.S. Court of International Trade to preserve their refund rights.

FedEx became the first major corporation to file a post-ruling refund lawsuit, seeking a full refund of all IEEPA duties through the CIT. L'Oreal, Dyson, and Bausch + Lomb have also filed suit. They join over 1,500 companies -- including Costco, Revlon, and Goodyear -- that have already filed protective lawsuits at the trade court.

The ruling has left unresolved the fate of an estimated $175 billion in tariff revenue collected by the government since February 2025. Companies and importers should consider filing protective actions promptly to ensure their refund rights are preserved, particularly as the statute of limitations and liquidation deadlines may affect eligibility.