United States Eighth Circuit

In a suit by a competitive local carrier against an incumbent local carrier alleging violations of federal and state communications law, contract law and tort law, dismissal of plaintiff's complaint is affirmed where: 1) plaintiff's federal claim was filed untimely and the doctrine of equitable tolling did not apply; 2) plaintiff offered no authority that allowed enforcement of the state statute after its expiration; and 3) plaintiff's negligence claim was preempted by the Federal Communications Act, and plaintiff's promissory estoppel and fraud claims were barred by the filed rate doctrine.

Appellate Information

• Decided 02/09/2009
• Published 02/09/2009

Judges

• SHEPHERD, Circuit Judge., Before MURPHY, BYE, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• David Edwin Wandling, Minnetonka, MN, for appellant.


• For Appellees:
  
• Marianne Dolores Short, argued, Heather D. Redmond, Theresa M. Bevilacqua, on the brief, Minneapolis, MN, for appellee.