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.

Posted in All Nippon Airways v. Wortman, Cases in the Pipeline

Recommended Citation: Aurora Barnes, Petition of the day, SCOTUSblog (Nov. 24, 2017, 6:18 PM), http://www.scotusblog.com/2017/11/petition-of-the-day-1270/