Simon v. Keyspan Corporation

How courts have described this case

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

• finding FERC tightly controlled the rate-making process because it established the process, reviewed the rates, and used its investigative powers
• barring claims against Morgan Stanley for facilitating anticompetitive conduct under the filed rate doctrine
• “Generally, only direct purchasers have standing to bring civil antitrust claims.” (citing Illinois Brick, 420 U.S. 720)
• “In reviewing a motion to dismiss, we . . . draw all reasonable inferences in the plaintiff’s favor.”
• \[I]t is nearly impossible for a court to determine which portion of an overcharge is actually borne by the direct purchaser and which portion is borne by a subsequent indirect purchaser.\
• the rule bars “fraud or deceit in connection with the sale of energy”

Source: CourtListener parenthetical corpus (CC0).