Legal Opinion
Tomi White Bryan, Individually and on Behalf of All Others Similarly Situated v. Bellsouth Communications, Incorporated
Court of Appeals for the Fourth Circuit
Decided July 28, 2004No. 03-1316PublishedCited by 45 opinions
1Opinion of the Court
Vacated and remanded by published opinion. Judge KING wrote the opinion, in which Judge GREGORY joined. Judge LUTTIG wrote a dissenting opinion.
OPINION
KING, Circuit Judge:
Defendant BellSouth appeals from the portion of a decision of the Middle District of North Carolina denying dismissal and remanding one of plaintiff Tomi Bryan’s three claims to state court. Bryan v. Bellsouth Telecomms., Inc., No. 1:02CV00228, 2003 WL 262333 (M.D.N.C. Feb.6, 2003). The court concluded that certain of Bryan’s claims arose under federal law and were subject to dismissal under the “filed-rate doctrine.” It…
2Cases cited16 opinions
- Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
- Christianson v. Colt Industries Operating Corp.Supreme Court of the United States · 1988
- Quackenbush v. Allstate InsuranceSupreme Court of the United States · 1996
- Beneficial National Bank v. AndersonSupreme Court of the United States · 2003
- Louisville & Nashville Railroad v. MaxwellSupreme Court of the United States · 1915
11 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- White Tail Park, Inc. v. StroubeCourt of Appeals for the Fourth Circuit · 2005
- Central Iowa Power Cooperative v. Midwest Independent Transmission System Operator, Inc.Court of Appeals for the Eighth Circuit · 2009
- Landsman & Funk PC v. Skinder-Strauss AssociatesCourt of Appeals for the Third Circuit · 2011
- Balthazar v. Verizon Hawaii, Inc.Hawaii Supreme Court · 2005
- Bryan v. BellSouth Communications, Inc.Court of Appeals for the Fourth Circuit · 2007
40 more not listed; retrieve them via the Exa API.