Amy Silvis v. Ambit Energy LP

OPINION *

SHWARTZ, Circuit Judge

Amy Silvis brought a putative class action against Ambit Northeast, LLC (“Ambit”) alleging that Ambit’s pricing of its variable-rate electricity plan breached their contract. Silvis appeals the District Court’s order granting summary judgment in favor of Ambit, in which the Court found that the contract unambiguously granted Ambit discretion to set prices for its services. Because the contract is ambiguous as to the limitations on Ambit’s pricing discretion, we will vacate the order granting summary judgment and remand.

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