Legal Opinion
Richards v. Direct Energy Servs., LLC
Court of Appeals for the Second Circuit
Decided February 4, 2019No. 17-1003-cv; August Term 2017PublishedCited by 35 opinions
1Opinion of the Court
Debra Ann Livingston, Circuit Judge:
Plaintiff-Appellant Gary W. Richards ("Richards") entered into an electricity contract with Defendant-Appellee Direct Energy Services, LLC ("Direct Energy"). The contract provided that, for the first twelve months, Direct Energy would guarantee Richards a fixed electricity rate that was 10% below the state-approved rate. But if Richards did not leave the contract at the end of that year, Direct Energy would begin charging him a new variable rate. The variable rate, according to the contract, would be set on a month to month basis according to Direct…
2Cases cited45 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Lexmark Int'l, Inc. v. Static Control Components, Inc.Supreme Court of the United States · 2014
- State Farm Mutual Automobile Insurance v. CampbellSupreme Court of the United States · 2003
- Verizon Maryland Inc. v. Public Service Commission of MarylandSupreme Court of the United States · 2002
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3Cited by35 opinions
- Chetty Sevugan v. Direct Energy Services, LLCCourt of Appeals for the Seventh Circuit · 2019
- Martinez v. Agway Energy Services, LLCCourt of Appeals for the Second Circuit · 2023
- Mirkin v. XOOM Energy, LLCCourt of Appeals for the Second Circuit · 2019
- Michel v. Yale UniversityCourt of Appeals for the Second Circuit · 2024
- Alan B. McNichols, individually and on behalf of all others similarly situated v. Capital One Bank, N.A., et al.District Court, E.D. Virginia · 2026
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