Case: Smirk & Dagger Games v. Trump

1:25-cv-03857 | U.S. District Court for the District of District of Columbia

Filed Date: Nov. 4, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

On November 4, 2025, a group of small business (including a board game store, a champagne company, and a mannequin company) filed a class action suit against President Trump and other federal officials in the U.S. District Court for the District of Colombia. The plaintiff businesses alleged that President Trump's tariffs on imports from China, the European Union, and other countries would cause them severe economic harm because all three plaintiff business regularly import goods from overseas. …

On November 4, 2025, a group of small business (including a board game store, a champagne company, and a mannequin company) filed a class action suit against President Trump and other federal officials in the U.S. District Court for the District of Colombia. The plaintiff businesses alleged that President Trump's tariffs on imports from China, the European Union, and other countries would cause them severe economic harm because all three plaintiff business regularly import goods from overseas. 

Plaintiffs alleged that the Tariff Executive Orders were unlawful because they were not supported by explicit congressional authorization as required under the International Emergency Economic Powers Act (IEEPA). Further, plaintiffs alleged that the tariffs were not "necessary" to address President Trump's stated emergency rationales - the opioid epidemic and the trade deficit - and thus were unauthorized under IEEPA. Plaintiffs additionally alleged that IEEPA itself should be struck down as an unconstitutional violation of the  nondelegation doctrine. Finally, plaintiffs alleged that the agency actions taken to implement the Tariff Executive Orders were an arbitrary and capricious violation of the Administrative Procedure Act (APA). 2025 WL 3082992

Plaintiffs sought to certify two classes: a class of business or individuals who had to pay IEEPA tariffs because of the China Tariffs, and another class of business who had to pay IEEPA tariffs because of the European Union Tariffs.

This case was assigned to U.S. District Judge Rudolph Contreras. 

This case is ongoing.

Summary Authors

Nick Martire (11/11/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/71871017/parties/smirk-dagger-games-v-trump/


Judge(s)

Contreras, Rudolph (District of Columbia)

Attorney for Plaintiff

Rollins, Kara McKenna (District of Columbia)

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Documents in the Clearinghouse

Document
1

1:25-cv-03857

Class Action Complaint for Injunctive and Declaratory Relief

Nov. 4, 2025

Nov. 4, 2025

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/71871017/smirk-dagger-games-v-trump/

Last updated Nov. 27, 2025, 12:15 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Plaintiffs ( Filing fee $ 405 receipt number ADCDC-12060717) filed by LEO D. BERNSTEIN & SONS INC., B. STUYVESANT CHAMPAGNE, LLC, SMIRK & DAGGER GAMES. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Summons Summons Trump, # 3 Summons Summons Executive Office of the President, # 4 Summons Summons Noem, # 5 Summons Summons Homeland Security, # 6 Summons Summons Scott, # 7 Summons Summons CBP, # 8 Summons Summons Bessent, # 9 Summons Summons Treasury, # 10 Summons Summons Lutnick, # 11 Summons Summons Commerce, # 12 Summons Summons DOJ, # 13 Summons Summons US Attny)(Rollins, Kara) (Entered: 11/04/2025)

1 Civil Cover Sheet Civil Cover Sheet

View on RECAP

2 Summons Summons Trump

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3 Summons Summons Executive Office of the President

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4 Summons Summons Noem

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5 Summons Summons Homeland Security

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6 Summons Summons Scott

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7 Summons Summons CBP

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8 Summons Summons Bessent

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9 Summons Summons Treasury

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10 Summons Summons Lutnick

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11 Summons Summons Commerce

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12 Summons Summons DOJ

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13 Summons Summons US Attny

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Nov. 4, 2025

Nov. 4, 2025

Clearinghouse
2

CIVIL COVER SHEET corrected by LEO D. BERNSTEIN & SONS INC., B. STUYVESANT CHAMPAGNE, LLC, SMIRK & DAGGER GAMES filed by LEO D. BERNSTEIN & SONS INC., B. STUYVESANT CHAMPAGNE, LLC, SMIRK & DAGGER GAMES.(Rollins, Kara) (Entered: 11/04/2025)

Nov. 4, 2025

Nov. 4, 2025

3

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by B. STUYVESANT CHAMPAGNE, LLC, LEO D. BERNSTEIN & SONS INC., SMIRK & DAGGER GAMES (Rollins, Kara) (Entered: 11/04/2025)

Nov. 4, 2025

Nov. 4, 2025

Notice of Error- New Case

Nov. 4, 2025

Nov. 4, 2025

NOTICE OF NEW CASE ERROR The following error(s) need correction: Incorrect civil cover sheet. Please locate the Civil Cover Sheet (JS44) form at www.dcd.uscourts.gov/new-case-forms & file using the event Civil Cover Sheet. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zmtm)

Nov. 4, 2025

Nov. 4, 2025

4

SUMMONS (12) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zmtm) (Entered: 11/05/2025)

Nov. 5, 2025

Nov. 5, 2025

Case Assigned to Judge Rudolph Contreras. (zmtm)

Nov. 5, 2025

Nov. 5, 2025

Case Assigned/Reassigned

Nov. 5, 2025

Nov. 5, 2025

5

NOTICE of Appearance by Joshua Nathaniel Schopf on behalf of SCOTT BESSENT, EXECUTIVE OFFICE OF THE PRESIDENT, HOWARD LUTNICK, KRISTI NOEM, RODNEY S. SCOTT, DONALD J. TRUMP, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF THE TREASURY (Schopf, Joshua) (Entered: 11/21/2025)

Nov. 21, 2025

Nov. 21, 2025

6

Summons Returned Executed as to Federal Defendant AND Summons Returned Executed as to U.S. Attorney General AND Summons Returned Executed as to US Attorney

Nov. 26, 2025

Nov. 26, 2025

Case Details

State / Territory:

District of Columbia

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: Nov. 4, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs are a group of small business who were economically harmed by President Trump's tariffs.

Plaintiff Type(s):

Closely-held (for profit) corporation

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

President Donald J. Trump, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

International Emergency Economic Powers Act (IEEPA), 50 U.S.C. §§1701–1707

Constitutional Clause(s):

Non-delegation Doctrine

Other Dockets:

District of District of Columbia 1:25-cv-03857

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Other