Cannabis Ruderalis

How this document has been cited

The rights as defined by the tariff cannot be varied or enlarged by either contract or tort of the carrier.
- in Wortman v. All Nippon Airways, 2017 and 117 similar citations
—the United States Supreme Court held that a private shipper could not recover treble damages against railway companies that had set rates that were filed with and approved by the Interstate Commerce Commission (ICC).
If a shipper could recover under Section 7 of the Anti-Trust Act for damages resulting from the exaction of a rate higher than that which would otherwise have prevailed, the amount recovered might, like a rebate, operate to give him a preference over his trade competitors.
- in Big Rivers Elec. Corp. v. Thorpe, 1996 and 55 similar citations
"The legal rights of shipper as against carrier in respect to a rate are measured by the published tariff. Unless and until suspended or set aside, this rate is made, for all purposes, the legal rate, as between carrier and shipper...."
- in United Van Lines, Inc. v. Homburger, 1996 and 53 similar citations
The fact that these rates had been approved by the [ICC] would not, it seems, bar proceedings by the Government.
- in US v. Reliant Energy Services, Inc., 2006 and 44 similar citations
The filed-rate doctrine insulates from judicial attack utility rates that have been filed with a state or federal regulatory agency, even when the plaintiffs allege that the rates are unreasonable due to "fraud upon the regulatory agency."
- in Brown v. Cassens Transport Co., 2012 and 33 similar citations
—establishing filed rate doctrine and holding that when Interstate Commerce Commission has approved railroad rates and found them reasonable and nondiscriminatory, private shipper may not recover damages for loss of benefit of lower rate it would have enjoyed but for conspiracy between carriers fixing rate; finding carrier's published tariff to be the legal rate as …
- in Qwest Corp. v. Kelly, 2002 and 31 similar citations
—the Supreme Court determined that regardless of the fact that the rates had been established by collusion rather than competition, once they were filed and approved by the ICC they were no longer subject to attack under either federal or state antitrust laws.
—if a shipper were permitted to recover under the Anti-Trust Act, the amount recovered might, like a rebate, operate to give him a preference over his trade competitors.'Uniform treatment would not result, even if all sued, unless the highly improbable happened, and the several juries and courts gave to each the same measure of relief.'
- in United States Nav. Co. v. Cunard SS Co., 1932 and 41 similar citations
The filed rate doctrine was first applied to rates filed with the Interstate Commerce Commission under the Interstate Commerce Act
- in E. & J. GALLO WINERY v. EnCana Corp., 2007 and 31 similar citations

Cited by

760 F. 2d 1347 - Court of Appeals, 2nd Circuit 1985
988 P. 2d 1208 - Kan: Court of Appeals 1999
805 F. Supp. 1277 - Dist. Court, D. South Carolina 1992
759 F. 2d 1305 - Court of Appeals, 7th Circuit 1985
209 F. Supp. 3d 810 - Dist. Court, WD Pennsylvania 2016
14 Cal. App. 4th 1224 - Cal: Court of Appeal, 4th Appellate Dist., 1st Div. 1993
238 F. Supp. 3d 1313 - Dist. Court, ND Alabama 2017
40 F. Supp. 3d 552 - Dist. Court, WD Pennsylvania 2014

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