Legal Opinion
Gallivan v. AT & T CORP.
California Court of Appeal
Decided December 15, 2004No. B170830PublishedCited by 6 opinions
1Opinion of the Court
Opinion
DOI TODD, J.
The issue presented is whether the federal filed rate doctrine applies to a telephone charge that is included in a tariff voluntarily filed with the Federal Communications Commission (FCC). We find that it does and that the charge is therefore not subject to a claim for damages. The trial court’s judgment of dismissal after sustaining a demurrer without leave to amend is affirmed.
FACTUAL AND PROCEDURAL BACKGROUND
On appeal from a judgment of dismissal following a demurrer sustained without leave to amend, we assume the truth of all well pleaded facts, as well as those that…
2Cases cited19 opinions
- Blank v. KirwanCalifornia Supreme Court · 1985
- MCI Telecommunications Corp. v. American Telephone & Telegraph Co.Supreme Court of the United States · 1994
- Arkansas Louisiana Gas Co. v. HallSupreme Court of the United States · 1981
- Aubry v. Tri-City Hospital DistrictCalifornia Supreme Court · 1992
- Square D Co. v. Niagara Frontier Tariff Bureau, Inc.Supreme Court of the United States · 1986
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3Cited by6 opinions
- Coll v. First American Title InsuranceCourt of Appeals for the Tenth Circuit · 2011
- Fogel v. Farmers Group, Inc.California Court of Appeal · 2008
- Wholesale Electricity Antitrust Cases I & IICalifornia Court of Appeal · 2007
- IBERIA CREDIT BUREAU, INC. v. Cingular WirelessDistrict Court, W.D. Louisiana · 2009
- Bullseye Telecom, Inc. v. Cal. P.U.C.California Court of Appeal · 2021
1 more not listed; retrieve them via the Exa API.