Legal Opinion · Dissent

Richard L. Fowler v. Caliber Home Loans, Inc.

Court of Appeals for the Eleventh Circuit

Decided September 24, 2018No. 16-12100; 16-16585Published

1DissentJordan, Circuit Judge

The federal filed rate doctrine, a creature of federal common law derived from various federal statutes, has been around since 1907. Despite its existence for over 100 years, Pennsylvania and Florida have so far not adopted it. The majority, without seeking guidance from the supreme courts of Pennsylvania or Florida, now confidently decrees that the federal filed *1328rate doctrine is the governing rule in these two states. The majority also expands the filed rate doctrine to also bar claims against anyone whose contract seemingly concerns a filed rate. The majority then applies its sweeping rule…

2Cases cited71 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Jones v. BockSupreme Court of the United States · 2007
  3. Bishop v. WoodSupreme Court of the United States · 1976
  4. Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
  5. Boyle v. United Technologies Corp.Supreme Court of the United States · 1988

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