Williams v. Duke Energy Int’l, Inc.

Ohio individuals and businesses sued Duke Energy, alleging violation of the Robinson-Patman Act , 15 U.S.C. 13, Ohio's Pattern of Corrupt Activity Act, a civil RICO claim, 18 U.S.C. 1962(c), and common-law claims of fraud and civil conspiracy. Plaintiffs alleged that Duke, through subsidiaries and an affiliated company, paid unlawful and substantial rebates to certain large customers, including General Motors, in exchange for the withdrawal by said customers of objections to a rate-stabilization plan that Duke was attempting to have approved by the Public Utilities Commission of Ohio as part of a transition to market-based pricing under Ohio Rev. Code 4928.05, enacted in 1999. The district court dismissed, finding that it was deprived of federal question jurisdiction by the filed-rate doctrine, requiring that common carriers and their customers adhere to tariffs filed and approved by the appropriate regulatory agencies, and that PUCO had exclusive jurisdiction over state-law claims, depriving the court of diversity jurisdiction. The Sixth Circuit reversed, finding that the filed-rate doctrine applies only in challenges to the underlying reasonableness or setting of filed rates and that plaintiffs adequately stated claims. View "Williams v. Duke Energy Int'l, Inc." on Justia Law