Satellite System, Inc. v. Birch Telecom of Oklahoma, Inc.
Supreme Court of Oklahoma
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
- Keogh v. Chicago & Northwestern Railway Co.Supreme Court of the United States · 1922
- Arkansas Louisiana Gas Co. v. HallSupreme Court of the United States · 1981
- Square D Co. v. Niagara Frontier Tariff Bureau, Inc.Supreme Court of the United States · 1986
- Patel v. OMH Medical Center, Inc.Supreme Court of Oklahoma · 1999
- Wegoland Ltd. v. NYNEX Corp.Court of Appeals for the Second Circuit · 1994
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3Cited by24 opinions
- Adams v. Northern Illinois Gas Co.Illinois Supreme Court · 2004
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- IN RE: INITIATIVE PETITION NO. 397, STATE QUESTION NO. 767Supreme Court of Oklahoma · 2014
- City of Albuquerque v. New Mexico Public Regulation CommissionNew Mexico Supreme Court · 2003
- Rogers v. MeiserSupreme Court of Oklahoma · 2003
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