Firstcom, Inc. v. Qwest Corp.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that the party claiming the benefit of equitable tolling has the burden of “establishing two elements: (1) that it has been pursuing its rights diligently, and (2) that some extraordinary circumstance stood in its way” (citation modified)
• applying filed rate doctrine to a challenge to a telecommunications interconnection agreement filed with a state public utilities commission
• affirming district court’s dismissal of claims based on the filed-rate doctrine
• equitable tolling is only available when: (1) a party has pursued its rights diligently and (2) extraordinary circumstances exist
• “[T]o the extent Firstcom seeks recovery for a price discount it was allegedly entitled to [under claims of promissory estoppel and fraud], its claims are barred by the filed rate doctrine.”
• \ 'The Act provides: \Nothing in [chapter 5 of title 47] ... shall in any way abridge or alter the remedies now existing at common law or by statute, but the provisions of this chapter are in addition to such remedies.” (emphasis added

Source: CourtListener parenthetical corpus (CC0).