United States Ninth Circuit

In an action brought by a winery against a natural gas supplier and its wholly-owned marketing subsidiary, along with others, alleging they inflated the price it paid for natural gas through their violations of state and federal antitrust laws, denial of summary judgment for defendant is affirmed as the filed rate doctrine does not bar plaintiff's damage claims based on rates that are not FERC-authorized rates.

Appellate Information

• Argued 02/13/2007
• Decided 09/19/2007
• Published 09/19/2007

Judges

• IKUTA, Circuit Judge:, Before: B. FLETCHER, RICHARD R. CLIFTON, and SANDRA S. IKUTA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Richard P. Levy, David A. Battaglia, James P. Fogelman, Julian W. Poon and J. Christopher Jennings, Gibson, Dunn & Crutcher, LLP, Los Angeles, CA, for defendant-appellant EnCana Corporation formerly known as PanCanadian Energy Corporation;  WD Energy Services, Inc., formerly known as EnCana Energy Services., Joseph W. Cotchett, Frank M. Pitre, Steven N. Williams, and Barbara L. Lyons, Cotchett, Pitre, Simon & McCarthy, Burlingame, CA;  D. Greg Durbin and Timothy J. Buchanan, McCormick, Barstow, Sheppard, Wayte & Carruth, LLP, Fresno, CA;  G. Kip Edwards, Kings Beach, CA, for plaintiff-appellee E. & J. Gallo Winery.