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Home / Opinion Digests / Business Law / Tariff provides federal jurisdiction, dooms complaint (access required)

Tariff provides federal jurisdiction, dooms complaint (access required)

An “artfully pleaded” complaint for damages that asserted only state law claims was nevertheless removable to federal court because it sought to alter the terms of a tariff filed with the Federal Energy Regulatory Commission, or FERC. That same tariff mandated dismissal of the suit under the filed-rate doctrine. Background This case arises from an unprecedented January ...