United Parcel Service, Inc. v. California Public Utilities Commission

United Parcel Service, Inc. (“UPS”), appeals the district court’s summary judgment, dismissing UPS’s 28 U.S.C. §§ 2201-2202 action against the California Public Utilities *1180 Commission (“the CPUC” or “the Commission”) on the basis of res judicata, following a California Supreme Court decision summarily denying review of UPS’s claims. UPS contends that a February 3, 1993, rate-setting decision by CPUC violates UPS’s state and federal constitutional rights. UPS further argues that the district court’s res judi-cata ruling deprives it of a forum for its federal claims, which it reserved in its petition to the state court. We have jurisdiction under 28 U.S.C. § 1291 , and we reverse and remand.

FACTS AND PROCEDURAL HISTORY

The following facts are not in dispute. UPS, a common parcel carrier engaged in extensive interstate and intrastate transportation was, until recently, subject to regulation by the CPUC. On October 11,1993, the Governor of California signed Assembly Bill No. 2015, amending the Public Utilities Code to deregulate carriers registered as “integrated intermodal small package carriers.” UPS registered as this new type of carrier on January 1, 1994, and is thus no…