DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
073548P.pdf 02/09/2009 Firstcom, Inc. v. Qwest Corporation
U.S. Court of Appeals Case No: 07-3548
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Shepherd, Author, with Murphy and Bye, Circuit Judges]
Civil cases - Telecommunications. In action alleging violations of the
Telecommunications Act of 1996 and the Minnesota
Telecommunications Act, as well as common law claims of negligence,
promissory estoppel and fraudulent misrepresentation, the district court
did not err in finding that the claims under the Telecommunications Act
were time-barred; plaintiffs's argument that they could file a private
action to enforce the now-expired provisions of subdivision 11 of the
Minnesota Telecommunications Act is rejected; plaintiff's claim based on
promissory estoppel and fraud were barred by the filed rate doctrine;
plaintiff's negligence claim was preempted by the Federal
Telecommunications Act.