Tariff Refund / Pass-Through Overcharge Lawsuits

Currently Investigating Potential Claims for Businesses and Consumers Nationwide

The U.S. Supreme Court will decide shortly whether the Trump’s administration’s tariffs that collected more than $16 billion should be refunded to companies that paid them. However, it is anticipated that since many of the companies that paid the tariffs directly to the government are middlemen or distributors, that it is unlikely that the refunds will flow back to consumers and businesses that paid them.

 Kershaw Talley Barlow is actively monitoring tariff-refund litigation and investigating potential claims involving tariff pass-through overcharges and refund retention.  Because a U.S. Supreme Court ruling is pending, this investigation is developing and must be evaluated carefully on the facts. The scope of viable claims may expand depending on what the Court decides and what happens next procedurally.

Businesses and consumers who will likely have the strongest claims include:

• Those who have invoices showing tariff-related surcharges or tariff-linked price increases; or
• Individuals with purchase orders, contracts, pricing notices, or supplier communications that specifically reference tariff surcharges.

If you or your company believes it paid tariff-related increases to a third party middle-man and later learned refunds may have been retained by that entity without credit, we can review your situation at no cost. Call (916) 520-6639 or contact us online for a consultation.

Why Businesses Choose Kershaw Talley Barlow

Tariff-related pricing disputes and refund-retention investigations are proof-driven. They require a firm that can take on well-funded corporate defendants and build a clear, document-supported damages narrative.

Businesses turn to Kershaw Talley Barlow because we offer:

• Over $1 Billion Recovered in verdicts and settlements for clients
• 100+ Years of Combined Experience in complex, high-stakes litigation
• National Reach with the resources to litigate against major corporate targets
• Scientific & Technical Expertise through an in-house team of attorney-scientists who strengthen causation and evidence in sophisticated matters
• Proven Results in large-scale litigation and claims against powerful corporations

Learn more about us and our results.

Status of the Tariff Refund Litigation

Tariff refund litigation is active, and many companies that paid the tariffs directly to the government have filed suits seeking to preserve or pursue refunds. However, the Supreme Court’s decision has not been issued yet. 

Because the ruling is pending, it’s important to note:

1. Not every business will have a claim, and 
2. The availability and mechanics of refunds may change quickly after the Court rules.

Kershaw Talley Barlow is monitoring developments closely. This investigation may expand depending on the Court’s ruling and what follows in the refund process.

What Kershaw Talley Barlow Is Investigating

We are monitoring two business-facing pathways that may develop depending on the Court’s decision and subsequent refund processes:

• Importer / Duty-Payer Refund Rights. Some businesses paid tariffs directly and have filed (or are evaluating) refund claims through litigation and related procedures. Reporting and legal commentary describe widespread filings by companies seeking to preserve their ability to recover duties if refunds are authorized or expanded.
• Pass-Through Overcharge / Refund Retention (B2B). Other businesses did not pay duties directly, but instead paid tariff-related price increases or tariff surcharges to vendors and suppliers. We are investigating situations where: (1) A vendor or supplier cites tariffs as the reason for a price increase or surcharge; (2) Your business pays the increased amounts; (3) The vendor later receives a refund, reimbursement, or duty repayment tied to those tariffs; and (4) Your business receives no credit, refund, or adjustment despite paying the pass-through costs.

What Can Make These Cases Viable

The difference between a “frustrating business outcome” and a legally actionable claim often comes down to proof, such as:

• How the tariff increase was presented (surcharge line item vs. general price increase)
• Whether the seller represented the increase as a direct pass-through
• Whether contracts, invoices, or pricing notices created an expectation of pass-through treatment
• Whether the seller later obtained refunds tied to the same duties or tariff-related costs
• Whether your business can demonstrate the delta between what you paid and what was ultimately retained

Potential Legal Theories Under Investigation

Depending on the facts and the applicable state and federal laws, these matters may involve allegations such as:

• Unjust Enrichment (retaining refunded tariff-related amounts without crediting the party that paid the pass-through costs)
• Unfair or Deceptive Trade Practices (tariff pricing representations that were misleading or incomplete)
• Misrepresentation (explicit or implicit statements that the increase was a tariff pass-through when the economics ultimately didn’t match)
• Breach of Contract / Course of Dealing (where contractual language, invoicing structure, or commercial practice supports an obligation to credit refunds)

Not all fact patterns support these theories. A serious review focuses on what was represented, what was paid, what was later recovered, and what documentation exists.

Do I Have a Case?

Your business may have a claim worth investigating if one or more of the following is true:

• You paid tariff-related surcharges or meaningful price increases that were tied to tariffs (B2B invoices, pricing notices, supplier communications)
• The seller or supplier later received (or likely received) tariff refunds, reimbursements, or duty repayments tied to those charges
• You received no credit, refund, rebate, or price adjustment
• The total financial impact is significant (either per transaction or across repeat purchases)
• You can provide records such as invoices, purchase orders, contracts, pricing communications, or account statements showing the tariff-related pricing

Even if you don’t have every document today, we can often determine what should exist and what can be obtained.

Potential Compensation

If a claim is viable, potential recovery may include:

• Refunds or credits tied to tariff pass-through overcharges
• Out-of-pocket business losses caused by the tariff-related pricing differential
• Statutory damages where applicable under unfair practices statutes
• Attorneys’ fees and costs where authorized by statute or contract

The right measure of damages depends on the pricing structure, the purchasing history, and the refund mechanics at issue.

Timing and Documentation Considerations

These matters can move quickly after a major court decision, especially where refund processes, claim windows, protests, or administrative procedures are implicated. Public reporting has described how companies and advisors are already preparing for the refund process depending on the Court’s ruling. 

If your business believes it fits either pathway described above, documenting the pricing and communications now can materially improve your ability to evaluate options later.

How Kershaw Talley Barlow Can Help

When you contact Kershaw Talley Barlow, our team can:

• Analyze your pricing records (invoices, surcharge line items, historical price comparisons)
• Review contracts and communications to evaluate what was represented and what obligations may exist
• Identify the strongest legal path (individual claim, coordinated litigation, or other appropriate approach depending on scope)
• Evaluate damages using transaction-level evidence and business documentation
• Handle the heavy lift against well-funded corporate defendants in high-stakes disputes

We offer free consultations, and we handle appropriate matters on a contingency basis where available, meaning no fees unless we recover compensation.

Call For a FREE, Confidential Consultation: (916) 520-6639

Kershaw Talley Barlow is actively monitoring the pending Supreme Court tariff decision and investigating potential tariff refund lawsuits that may expand depending on the outcome. If your company paid tariff-related increases and believes refunds were later retained without credit, call (916) 520-6639 or contact us online for a free, confidential evaluation.