Issue: (1) Whether the decision below conflicts with this Court’s precedents and the decisions of other circuits holding that, when state claims are barred in state court, they are barred in federal court under the Erie doctrine; and (2) whether the decision below conflicts with this Court’s precedents and the decisions of other circuits holding that the filed-rate doctrine bars (a) claims challenging a regulated utility’s rates or practices as unreasonable or discriminatory and (b) claims that would effectively allow the plaintiff to pay a lower rate than the filed rate.
On Monday the Court issued orders from its December 6 Conference. (As Lyle reported the Court granted one new case from that Conference on Friday afternoon.) On Tuesday the Court issued one opinion and one dismissal. On Wednesday, the Court issued an additional opinion. This is the second week of the December sitting; the hearing list for this sitting is here.