United States First Circuit

District court's judgment in favor of Verizon for $57,716,714 for access charges that defendant owed but failed to pay for services Verizon provided between 2003 and 2006 is affirmed where: 1) the FCC's 2008 second remand order does not preempt or establish that the FCC's 2001 order preempted the Department of Telecommunications and Energy's (DTE) authority to impose rates for inter-exchange ISP traffic; 2) 28 U.S.C. section 1367 gives federal courts supplemental jurisdiction over both compulsory and at least some permissive counterclaims, which alters First Circuit's former rule, adopted before the enactment of section 1367, that required permissive counterclaims to have an independent basis for jurisdiction; and 3) judgment for Verizon on its counterclaims to enforce the interconnection agreements (ICA) and alter ego liability and disregard of corporate form was proper.

Appellate Information

• Decided 04/29/2010
• Published 04/29/2010

Judges

• LYNCH, Chief Judge., Before LYNCH, Chief Judge, BOUDIN and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellees:
  
• Andrew Good with whom Philip Cormier, Good & Cormier, Joel Davidow, Kile Goekjian Reed & McManus PLLC, Eric Osterberg, and Fox Rothschild LLP were on brief for appellants/counterclaim defendants., Scott H. Angstreich with whom Gregory G. Rapawy, Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C., Robert L. Weigel, Jason W. Myatt, Gibson, Dunn & Crutcher LLP, Richard P. Owens, Verizon New England Inc., Paul J. Larkin, Jr., and Verizon Communications Inc. were on brief for appellee/counterclaim plaintiff., James C. Schroeder, Christian F. Binnig, Hans J. Germann, Stephen Sanders, and Mayer Brown LLP were on brief for amici curiae AT & T ILEC Companies in support of appellee/counterclaim plaintiff.