Global shipping giant FedEx has taken its fight to the U.S. Court of International Trade, filing a lawsuit to claw back millions paid under former President Donald Trump’s emergency tariffs.
The bold legal move comes just days after the U.S. Supreme Court ruled the tariffs illegal — a decision that could open the floodgates for other companies seeking refunds. Now, FedEx is positioning itself at the forefront of what may become a high-stakes battle over trade policy, executive power, and billions of dollars in disputed duties.
Trade attorneys say the blockbuster ruling is likely to unleash a wave of lawsuits as companies scramble to recover billions of dollars. But the path to getting that money back is far from clear. A lower court must now determine exactly how the refund process will work — a complex and potentially contentious step that could drag out the fight and raise fresh legal questions.
More than $175 billion in U.S. tariff revenue could now be on the line after the U.S. Supreme Court ruled 6–3 on Friday that former President Donald Trump exceeded his authority. The justices found that he improperly relied on the International Emergency Economic Powers Act — a law designed for sanctions — to justify sweeping tariffs on imported goods. Economists at the Penn-Wharton Budget Model say the decision could trigger a massive refund battle, with billions of dollars potentially flowing back to companies that paid the duties.
"Plaintiffs seek for themselves a full refund from Defendants of all IEEPA duties Plaintiffs have paid to the United States," FedEx stated in its Feb. 23 lawsuit, referring to the tariffs imposed by former President Donald Trump. The filing makes clear that the shipping giant isn’t asking for partial relief — it wants every dollar returned, setting the stage for a potentially sweeping financial reckoning.
FedEx and its logistics division acted as the importer of record for shipments hit with tariffs under the International Emergency Economic Powers Act. While the Memphis-based giant is now seeking reimbursement, it has not disclosed how much money it wants back — a figure that could prove staggering and further raise the stakes in an already high-profile legal fight.
Crowell & Moring is also representing a growing roster of major brands in IEEPA tariff refund fights, including warehouse giant Costco, beauty company Revlon, and eyewear powerhouse EssilorLuxottica. The expanding client list signals that the battle over tariff refunds is far from isolated — and could evolve into a sweeping corporate showdown with significant financial consequences.
Importers, distributors, and suppliers may have the strongest shot at securing IEEPA tariff refunds, thanks to the paper trail they leave behind. Their records typically include detailed customs forms and invoices breaking out tariff charges line by line for specific goods — documentation that could prove decisive in court. That’s according to Ron Ciotti, a partner at Boston-based Hinckley Allen who represents construction contractors and developers nationwide. As refund claims gather momentum, meticulous record-keeping could become the key to unlocking millions.
“If there was a tariff escalation in your contract or a price adjustment clause based on tariffs, and that’s why the price went up, if you had a contract that stated that, then you might be able to get a refund,” Ciotti said.
California Gov. Gavin Newsom — widely viewed as a potential Democratic contender in 2028 — is also pressing for Americans to receive tariff refund checks after the U.S. Supreme Court struck the duties down. His call raises the political stakes, signaling that the fight over the now-invalidated tariffs could quickly shift from the courtroom to the campaign trail.
“I’ve heard some (people) saying this is such a win for the consumer, because they should get refunds back on certain products that would have been under tariffs,” said Ciotti.
“I don’t see how they can,” he said, noting that many businesses and consumers simply paid higher prices without any clear, written breakdown showing how much of the increase was tied to tariffs. Without documentation spelling out those added costs, they may struggle to prove their claims — a hurdle that could leave countless would-be refund seekers empty-handed.
