Legal Opinion

TELESAURUS VPC, LLC v. Power

Court of Appeals for the Ninth Circuit

Decided October 8, 2010No. 09-15446PublishedCited by 194 opinions

1Opinion of the Court

OPINION

IKUTA, Circuit Judge:

In this appeal, we hold that the complaint filed by Telesaurus VPC, LLC (“Telesaurus”) against Radiolink Corporation (“Radiolink”) did not allege facts sufficient to establish that Radiolink is a “common carrier” subject to suit under the Federal Communications Act of 1934 (“FCA”), 47 U.S.C. §§ 206-07. We therefore affirm the district court’s dismissal of Telesaurus’s FCA claims, but conclude that the district court erred in denying Telesaurus leave to amend. We also hold that Telesaurus’s claims under Arizona law for conversion, unjust enrichment, and intentional…

2Cases cited28 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  3. Foman v. DavisSupreme Court of the United States · 1962
  4. Skidmore v. Swift & Co.Supreme Court of the United States · 1944
  5. United States v. Mead Corp.Supreme Court of the United States · 2001

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3Cited by194 opinions

  1. Karim Khoja v. Orexigen Therapeutics, Inc.Court of Appeals for the Ninth Circuit · 2018
  2. AE Ex Rel. Hernandez v. County of TulareCourt of Appeals for the Ninth Circuit · 2012
  3. Sonoma County Ass'n of Retired Employees v. Sonoma CountyCourt of Appeals for the Ninth Circuit · 2013
  4. Official Committee of Unsecured Creditors v. Hancock Park Capital II, L.P.Court of Appeals for the Ninth Circuit · 2013
  5. Alvarez v. Chevron Corp.Court of Appeals for the Ninth Circuit · 2011

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