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Biloxi Freezing & Processing, Inc. et al v. Mississippi Power Company

MEMORANDUM in Support re MOTION to Dismiss for Failure to State a Claim

66 Cited authorities

  1. Arbaugh v. Y H Corp.

    546 U.S. 500 (2006)   Cited 7,909 times   27 Legal Analyses
    Holding that Title VII's numerosity requirement is nonjurisdictional even though it serves the important policy goal of “spar[ing] very small businesses from Title VII liability”

  2. Granny Goose Foods, Inc. v. Teamsters

    415 U.S. 423 (1974)   Cited 2,130 times   1 Legal Analyses
    Holding that union could not be held in contempt of restraining order

  3. American Telephone & Telegraph Co. v. Central Office Telephone, Inc.

    524 U.S. 214 (1998)   Cited 364 times   2 Legal Analyses
    Holding that the “respondent's state-law claims are barred by the filed rate doctrine”

  4. Fernandez-Montes v. Allied Pilots Ass'n

    987 F.2d 278 (5th Cir. 1993)   Cited 1,361 times   1 Legal Analyses
    Holding that "conclusory allegations or legal conclusions masquerading as factual conclusions will not suffice to prevent a motion to dismiss."

  5. Doe v. Myspace

    528 F.3d 413 (5th Cir. 2008)   Cited 770 times   5 Legal Analyses
    Holding that CDA bars claims for negligence and gross negligence in not preventing a 13 year old girl from lying about her age to create a personal profile that led to contact by a sexual predator

  6. Williams v. WMX Technologies, Inc.

    112 F.3d 175 (5th Cir. 1997)   Cited 1,038 times
    Holding Rule 9(b) requires a plaintiff plead the "who, what, when, where, and how" of the alleged fraud

  7. Blackburn v. Marshall City of

    42 F.3d 925 (5th Cir. 1995)   Cited 1,010 times
    Determining that relationship between owner of towing service and city did not sufficiently resemble a quasi-public employment relationship so as to render public concern requirement applicable

  8. Marcus v. AT&T Corp.

    138 F.3d 46 (2d Cir. 1998)   Cited 897 times
    Holding that claim alleging breach of contract in which carrier agreed to charge plaintiff different rate than that set forth in tariff did not raise substantial federal question, but contract could not be enforced due to filed-rate doctrine

  9. Arkansas Louisiana Gas Co. v. Hall

    453 U.S. 571 (1981)   Cited 420 times   3 Legal Analyses
    Holding that "the filed rate doctrine prohibits a federally regulated seller of natural gas from charging rates higher than those filed with the Federal Energy Regulatory Commission"

  10. Mississippi Power v. Miss. ex Rel. Moore

    487 U.S. 354 (1988)   Cited 177 times   3 Legal Analyses
    Holding that an order regulating wholesale purchases fell within FERC's jurisdiction, and preempted contrary state action, even though it clearly affected retail prices

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 348,148 times   927 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,081 times   320 Legal Analyses
    Requiring that fraud be pleaded with particularity

  13. Rule 65 - Injunctions and Restraining Orders

    Fed. R. Civ. P. 65   Cited 22,561 times   87 Legal Analyses
    Recognizing court's ability to enter emergency order with less than full adversary hearing and even, in appropriate circumstances, without notice

  14. Section 824d - Rates and charges; schedules; suspension of new rates; automatic adjustment clauses

    16 U.S.C. § 824d   Cited 525 times   18 Legal Analyses
    Prohibiting a utility from "grant [ing] any undue preference or advantage" or "subject[ing] any person to any undue prejudice or disadvantage"

  15. Section 824 - Declaration of policy; application of subchapter

    16 U.S.C. § 824   Cited 495 times   16 Legal Analyses
    Granting FERC authority over wholesale generation and transmission

  16. Section 824e - Power of Commission to fix rates and charges; determination of cost of production or transmission

    16 U.S.C. § 824e   Cited 290 times   6 Legal Analyses
    Permitting complaints alleging unjust and unreasonable rates

  17. Section 75-24-15 - Action or counterclaim by individual suffering loss; class actions prohibited

    Miss. Code § 75-24-15   Cited 50 times   1 Legal Analyses

    (1) In addition to all other statutory and common law rights, remedies and defenses, any person who purchases or leases goods or services primarily for personal, family or household purposes and thereby suffers any ascertainable loss of money or property, real or personal, as a result of the use or employment by the seller, lessor, manufacturer or producer of a method, act or practice prohibited by Section 75-24-5 may bring an action at law in the court having jurisdiction in the county in which

  18. Section 77-3-5 - Jurisdiction and powers of commission

    Miss. Code § 77-3-5   Cited 12 times

    Notwithstanding any other provision of law, and subject only to the limitations imposed in this chapter and in accordance with the provisions of this chapter, the Public Service Commission shall have exclusive original jurisdiction over the intrastate business and property of public utilities and, for purposes of clarification of the existing scope of said exclusive original jurisdiction, such exclusive original jurisdiction extends, but is not limited to: the establishment of retail rates; challenges

  19. Section 75-24-9 - Injunction to restrain or prevent violation

    Miss. Code § 75-24-9   Cited 9 times
    Limiting Attorney General actions to those seeking injunctive relief only

  20. Section 77-3-2 - Declaration of policy

    Miss. Code § 77-3-2   Cited 9 times

    (1) The Legislature finds and determines that the rates, services and operations of public utilities as defined in this title are affected with the public interest and that the availability of an adequate and reliable service by such public utilities to the people, economy and government of the State of Mississippi is a matter of public policy. The Legislature hereby declares to be the policy of the State of Mississippi: (a) To provide fair regulation of public utilities in the interest of the public;

  21. Rule 9 - Pleading Special Matters

    Miss. R. Civ. P. 9   Cited 111 times

    (a) Capacity. The capacity in which one sues or is sued must be stated in one's initial pleading. (b) Fraud, Mistake, Condition of the Mind. In all averments of fraud or mistake, the circumstances constituting fraud or mistake shall be stated with particularity. Malice, intent, knowledge, and other conditions of mind of a person may be averred generally. (c) Conditions Precedent. In pleading the performance or occurrence of conditions precedent, it is sufficient to aver generally that all conditions