United States Seventh Circuit

Plaintiff's challenge, arising from cellphone airtime minutes alleged to have been incorrectly billed, is neither a challenge to the reasonableness of defendant's rates nor a challenge to market entry, and therefore is not preempted by the Telecommunications Act. Thus, plaintiff's motion to remand the case to state court should have been granted.

Appellate Information

• Argued 05/22/2003
• Decided 01/22/2004
• Published 01/22/2004

Judges

• ROVNER, Circuit Judge., Before BAUER, KANNE, and ROVNER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Ben Barnow (argued), Barnow & Associates, Chicago, IL, for Plaintiff-Appellant.


• For Appellees:
  
• Hugh C. Griffin (argued), Lord, Bissell & Brook, Chicago, IL, for Defendant-Appellee.