LandMark Publications's Filed Rate Doctrine PDF

By LandMark Publications

THIS CASEBOOK incorporates a collection of U. S. court docket of Appeals judgements that debate, interpret and observe the filed-rate doctrine. the choice of choices spans from 2010 to the date of ebook.

Under the filed cost doctrine, "any 'filed price' — that's, one authorized by way of the governing regulatory organisation — is according to se moderate and unassailable in judicial complaints introduced by means of ratepayers." Wegoland Ltd. v. NYNEX Corp., 27 F.3d 17, 18 (2d Cir.1994). The doctrine is grounded on rationales: first, that courts are not "undermine[] employer rate-making authority" by means of frightening authorized premiums (the precept of "nonjusticiability"); and, moment, that litigation are not turn into a method for convinced ratepayers to acquire preferential premiums (the precept of "nondiscrimination"). Marcus v. AT & T Corp., 138 F.3d forty six, fifty eight, sixty one (2d Cir.1998); see ordinarily Keogh v. Chi. & Nw. Ry. Co., 260 U.S. 156, forty three S.Ct. forty seven, sixty seven L.Ed. 183 (1922).

The doctrine reaches either federal and kingdom explanations of motion and protects premiums authorized by way of federal or country regulators. Wegoland, 27 F.3d at 20. Its program doesn't "depend at the nature of the reason for motion the plaintiff seeks to convey" or "the culpability of the defendant's behavior or the potential of inequitable results." Marcus, 138 F.3d at fifty eight. each time a ratepayer's declare opposed to a expense filer might implicate both the non-justiciability precept or the nondiscrimination precept, it's barred. identification. at fifty nine. Rothstein v. Balboa Ins. Co., ibid.

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