Gerald Carlin v. Dairyamerica, Inc.

OPINION

WU, District Judge:

This appeal raises two issues: (1) whether the judicially created “filed rate doctrine,” 1 which typically has been utilized in common carrier and public utility litigation, is applicable in a class action lawsuit seeking monetary and injunctive relief under state law arising from the misreporting of pricing data to the United States Department of Agriculture (“USDA”), where the data in turn were used to set a minimum price structure for raw milk sales; and (2) if the doctrine is applicable in that situation, whether the district court erred when it dismissed the…