Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- so we are again doubtful that certiorari will be granted in any cases today.

Duke Energy International, Inc. v. Williams

Petition for certiorari denied on January 14, 2013
Docket No. Op. Below Argument Opinion Vote Author Term
12-477 6th Cir. N/A N/A N/A N/A OT 2012

Issue: (1) Whether the decision below conflicts with this Court’s precedents and the decisions of other circuits holding that, when state claims are barred in state court, they are barred in federal court under the Erie doctrine; and (2) whether the decision below conflicts with this Court’s precedents and the decisions of other circuits holding that the filed-rate doctrine bars (a) claims challenging a regulated utility’s rates or practices as unreasonable or discriminatory and (b) claims that would effectively allow the plaintiff to pay a lower rate than the filed rate.

DateProceedings and Orders
Oct 15 2012Petition for a writ of certiorari filed. (Response due November 19, 2012)
Nov 9 2012Order extending time to file response to petition to and including December 12, 2012.
Dec 12 2012Brief of respondents Anthony Williams, et al. in opposition filed.
Dec 21 2012Reply of petitioners Duke Energy International, Inc., et al. filed.
Dec 26 2012DISTRIBUTED for Conference of January 11, 2013.
Jan 14 2013Petition DENIED.
 
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