Donald Wortman v. All Nippon Airways

I concur in the bulk of the majority’s well-reasoned opinion. I dissent, however, from the majority’s conclusion that genuine issues of material fact remain as to whether the- DOT effectively abdicated its authority over fuel surcharges that Defendants actually filed with the DOT.

In Section III, Subsection B, the majority discusses the second type of rate at issue in this appeal: fuel surcharges. In 1999, when the DOT implemented the category A, B, and C rate-filing system, the DOT explicitly stated that “all surcharges are to be filed.” At the same time, however, the DOT did not allow fuel…