Legal Opinion
VERIZON WIRELESS (VAW) LLC v. Sahr
District Court, D. South Dakota
Decided October 13, 2006No. CIV 04-3014PublishedCited by 2 opinions
1Opinion of the Court
OPINION AND ORDER ON PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT
KORNMANN, District Judge.
INTRODUCTION
[¶ 1] Plaintiffs have filed a motion (Doc. 51) for summary judgment, contending certain provisions of the South Dakota Codified Laws are preempted by federal law. During the 2004 legislative session, the South Dakota Legislature enacted several new provisions, which impose certain requirements on telecommunications carriers and tie those requirements to carrier compensation. Plaintiffs assert the state’s new regulatory scheme impermissibly conflicts with the established federal regulatory…
2Cases cited23 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Louisiana Pub. Serv. Comm'n v. FCCSupreme Court of the United States · 1986
- At&T Corp. v. Iowa Utilities BoardSupreme Court of the United States · 1999
- Jane Donaho v. Fmc Corporation, a Delaware Corporation, as Plan Administrator of the Fmc Long-Term Disability PlanCourt of Appeals for the Eighth Circuit · 1996
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3Cited by2 opinions
- Northern Valley Communications, LLC v. Qwest Communications Corp.District Court, D. South Dakota · 2009
- Northern Valley Communications, LLC v. AT & T Corp.District Court, D. South Dakota · 2009