The Ninth Circuit held yesterday that some state law claims challenging rates for telecommunications services could proceed despite the "filed rate" doctrine.  The doctrine relates to the terms and conditions that service providers file, with a government regulatory agency, such as the Federal Communications Commission.  It bars claims that effectively seek damages equal to the difference between the "filed rate" and some lower rate.  The court also affirmed dismissal of claims that did call for recovery of overcharges.  In re NOS Communications (Fisher v. NOS Communications), No. 04-17040 (9th Cir. July 10, 2007).

Barry Barnett