Legal Opinion
Kutner v. Sprint Communications Co. LP
District Court, W.D. Tennessee
Decided March 20, 1997No. 96-2534 GVPublishedCited by 4 opinions
1Opinion of the Court
ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS
GIBBONS, Chief Judge.
Before the court is defendants’ motion to dismiss or, in the alternative, for a stay and referral to the Federal Communications Commission. Defendants (“Sprint”) argue that plaintiffs complaint fails to state a claim upon which relief can be granted because the plaintiffs claims are preempted by federal law and are barred by the filed tariff doctrine. In the alternative defendants argue that the doctrine of primary jurisdiction requires the entry of a stay and referral to the Federal Communications Commission (“FCC”). For the…
2Cases cited20 opinions
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Snyder v. HarrisSupreme Court of the United States · 1969
- Reiter v. CooperSupreme Court of the United States · 1993
- Montana-Dakota Utilities Co. v. Northwestern Public Service Co.Supreme Court of the United States · 1951
- MCI Telecommunications Corp. v. American Telephone & Telegraph Co.Supreme Court of the United States · 1994
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3Cited by4 opinions
- American Bankers Ins. Co. of Florida v. AlexanderMississippi Supreme Court · 2001
- Goldstein v. Delgratia Mining Corp.District Court, S.D. New York · 1997
- Telco Communications Group, Inc. v. Race Rock of Orlando, L.L.C.District Court, E.D. Virginia · 1999
- American Bankers Insurance Company of Florida v. Belinda AlexanderMississippi Supreme Court · 1997