A US Court of Appeals upholds that the filed rate doctrine applies to the federal milk marketing orders (Gerald Carlin / DairyAmerica)

In Agricultural Regulation, A “Flawed Rate” is Not a “Filed Rate” For Damage Purposes* Notwithstanding the general applicability of the Filed Rate Doctrine, the Ninth Circuit recently held that it does not necessarily bar producer class actions for overcharges. Whether a given rating authority has “rejected” a rate under its regulatory jurisdiction, albeit after the fact, is a creature of its statutory framework. Gerald Carlin, et al. v. DairyAmerica, Inc., et al., No. 10-16448 (9th Cir. August 7, 2012). The United States Department of Agriculture (“USDA”), pursuant to the Agricultural Marketing Agreement Act of 1937 (“AMAA”), is authorized to issue Federal Milk Marketing Orders (“FMMO’s”) to regulate minimum prices to be paid by “handlers” to “producers” of various milk products. Under the

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  • Sheppard Mullin (Los Angeles)

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Jr. Don T. Hibner, A US Court of Appeals upholds that the filed rate doctrine applies to the federal milk marketing orders (Gerald Carlin / DairyAmerica), 7 August 2012, e-Competitions Bulletin US Private Enforcement, Art. N° 66492

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