Practice Area(s): General Litigation, Public Utilities and Telecommunications Litigation
Client/Industry: Mobile communications provider
Attorneys: Mark Wallach, Jim Lang
Situation Summary:
Calfee was retained to defend a large mobile communications provider against several complainants alleging wholesale price discrimination and violation of PUCO rules. The complainants either acted as resellers or claimed to have attempted to act as resellers of our client’s cellular service in the mid-to late- 1990s. An earlier, nearly-identical, claim filed against the provider had resulted in an adverse finding against the provider and a multi-million dollar exposure.
Calfee Approach:
Calfee attorneys moved to dismiss the complaints on the twin grounds that the PUCO had relinquished jurisdiction over claims against cellular providers in 1999 and that the complainants’ allegations did not state a legitimate claim under Ohio law. Although dismissal of claims at this stage is unusual at the PUCO, it nevertheless granted the motions and dismissed all complaints. We then intervened in the complainants’ appeals to the Ohio Supreme Court and filed briefs defending the PUCO’s action to dismiss the complaints against our client.
Resolution:
As a result of Calfee’s proactive intervention in the appeal process, the Ohio Supreme Court affirmed the decision in favor of our client, saving it another possible multi-million dollar exposure.
The results described in each case study are dependent on the specific factual and legal circumstances of the matter described, and constitute neither legal advice nor a guarantee of similar results with respect to any other matter.