MCI Telecommunications Corp. v. Teleconcepts, Inc.

I join the majority’s opinion.1 I write separately, however, because I believe the majority’s holding with respect to primary jurisdiction is incorrect and will unnecessarily limit the jurisdiction of the federal courts. Although I agree with the majority’s decision to apply primary jurisdiction analysis, I do not agree with the manner in which it conflates that doctrine with the district court’s constitutional and statutory subject matter jurisdiction to hear Teleconcepts’ third-party claim.

I

The majority, recognizing that neither party below raised the issue, nevertheless concludes that “we…