All Nippon Airways v. Wortman
Petition for certiorari denied on March 19, 2018
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.
Date | Proceedings and Orders (key to color coding) |
---|
Aug 11 2017 | Application (17A168) to extend the time to file a petition for a writ of certiorari from September 4, 2017 to October 18, 2017, submitted to Justice Kennedy. |
Aug 14 2017 | Application (17A168) granted by Justice Kennedy extending the time to file until October 18, 2017. |
Oct 18 2017 | Petition for a writ of certiorari filed. (Response due December 4, 2017) |
Oct 23 2017 | Waiver of right of respondents Donald Wortman, et al. to respond filed. |
Nov 08 2017 | DISTRIBUTED for Conference of 12/1/2017. |
Nov 13 2017 | Response Requested. (Due December 13, 2017) |
Nov 20 2017 | Motion to extend the time to file a response from December 13, 2017 to February 9, 2018, submitted to The Clerk. |
Nov 28 2017 | Order extending time to file response to petition to and including February 9, 2018. |
Dec 13 2017 | Brief amicus curiae of International Air Transport Association filed. |
Feb 09 2018 | Brief of respondent Donald Wortman, et al. in opposition filed. |
Feb 22 2018 | Reply of petitioners All Nippon Airways, et al. filed. |
Feb 28 2018 | DISTRIBUTED for Conference of 3/16/2018. |
Mar 19 2018 | Petition DENIED. Justice Breyer took no part in the consideration or decision of this petition. |