Ton Services, 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.

• holding that, because whether a private right of action exists is a non-jurisdictional question, its existence may be assumed, without deciding, while the asserted claim is adjudicated on other grounds
• holding that, because whether a private right of action exists is a non-jurisdictional question, its existence may be assumed, without deciding, while the asserted claim is adjudicated on other grounds
• finding that the district court abused its discretion due to the court \misidentifying the issues to be referred and failing to clearly direct its primary jurisdiction referral ....\
• finding that the district court abused its discretion due to the court “misidentifying the issues to be referred and failing to clearly direct its primary jurisdiction referral . . . .”
• “Even where a court has subject[-]matter jurisdiction over a claim, courts have discretion to refer an issue or issues to an administrative agency.”
• “once a . . . tariff is approved by the FCC . . ., the terms of the federal tariff are considered to be the law” (internal quotation omitted)

Source: CourtListener parenthetical corpus (CC0).