Petition of the day

Petition of the dayThe petition of the day is: All Nippon Airways v. Wortman 17-659 Issues: (1) Whether the filed-rate doctrine—which the Supreme Court firmly established in Keogh v. Chicago & Northwest Railway Co. and reaffirmed in Square D Co. v. Niagara Frontier Tariff Bureau, Inc.—still applies where rates are filed with a federal agency pursuant to a statutory regulatory scheme (as held […]

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Petition of the day

The petition of the day is:

17-659

Issues: (1) Whether the filed-rate doctrine—which the Supreme Court firmly established in Keogh v. Chicago & Northwest Railway Co. and reaffirmed in Square D Co. v. Niagara Frontier Tariff Bureau, Inc.—still applies where rates are filed with a federal agency pursuant to a statutory regulatory scheme (as held by the U.S. Courts of Appeals for the 1st, 2nd, and 7th Circuits), or whether it no longer applies to such rates if a court finds the agency lacks sufficient “practical ability” to regulate those rates (as held by the U.S. Court of Appeals for the 9th Circuit below); and (2) whether, and to what extent, the filed-rate doctrine applies where a federal agency retains regulatory authority over rates, but chooses to exercise that authority by establishing a regulatory system, which it periodically revisits and revises, that does not require each rate to be literally filed with the agency.

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