United States Ninth Circuit

Dismissal of claims brought by payphone service providers involving their alleged entitlement to reimbursement for periods in which defendant failed to file certain tariffs or filed improper tariffs is reversed, vacated, and remanded, in part, where: 1) plaintiffs' claims were not barred by the filed-rate doctrine; 2) the primary jurisdiction doctrine required referral of a threshold issue of the scope of an FCC waiver order; 3) a remand was proper as to an issue regarding whether a stay of the action was appropriate; and 4) certain fraud protection claims were timely.

Appellate Information

• Argued 12/08/2005
• Decided 06/26/2006
• Published 06/26/2006

Judges

• BERZON, Circuit Judge., Before RONALD M. GOULD and MARSHA S. BERZON, Circuit Judges, and WILLIAM W. SCHWARZER, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Brooks E. Harlow, Brian W. Esler and David L. Rice, Miller Nash LLP, Seattle, WA, for the plaintiffs-appellants.


• For Appellees:
  
• Douglas P. Lobel and David A. Vogel, Arnold & Porter LLP, McLean, VA, for the defendant-appellee.