Legal Opinion

Satellite System, Inc. v. Birch Telecom of Oklahoma, Inc.

Supreme Court of Oklahoma

Decided July 2, 2002No. 96,806PublishedCited by 24 opinions

1Opinion of the Court

*587HODGES, J.

I. ISSUE

¶ 1 This matter is before this Court for review of a certified interlocutory order. The issues are: (1) whether Oklahoma has adopted a state filed tariff doctrine, also know as a filed rate doctrine, which would bar actions against a public utility that has filed tariffs with the Oklahoma Corporation Commission (Commission), and (2) whether the limitation-of-liability provision approved as part of the defendant’s tariff acts to limit the defendant’s liability for fraudulent acts to a prorated refund for the service. We find that the plaintiffs fraud claim is not barred by…

2Cases cited31 opinions

  1. Keogh v. Chicago & Northwestern Railway Co.Supreme Court of the United States · 1922
  2. Arkansas Louisiana Gas Co. v. HallSupreme Court of the United States · 1981
  3. Square D Co. v. Niagara Frontier Tariff Bureau, Inc.Supreme Court of the United States · 1986
  4. Patel v. OMH Medical Center, Inc.Supreme Court of Oklahoma · 1999
  5. Wegoland Ltd. v. NYNEX Corp.Court of Appeals for the Second Circuit · 1994

26 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Adams v. Northern Illinois Gas Co.Illinois Supreme Court · 2004
  2. IN RE: INITIATIVE PETITION NO. 397, STATE QUESTION NO. 767Supreme Court of Oklahoma · 2014
  3. IN RE: INITIATIVE PETITION NO. 397, STATE QUESTION NO. 767Supreme Court of Oklahoma · 2014
  4. City of Albuquerque v. New Mexico Public Regulation CommissionNew Mexico Supreme Court · 2003
  5. Rogers v. MeiserSupreme Court of Oklahoma · 2003

19 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API