Verizon Delaware, Inc. v. Covad Communications Co.

The plaintiffs (collectively Verizon) appeal the judgment of the district court in favor of the defendants (collectively Co-vad). Federal question and diversity jurisdiction exist. The district court granted summary judgment to Covad, ruling that Verizon’s state law claims against Covad were barred by the filed rate doctrine governing the charges of regulated carriers. The district court further denied Verizon’s motion, filed after the judgment, to amend its complaint to sue on the basis of the filed tariffs.

We agree with the district court that the filed rate doctrine prevents the recovery of any charge not specified in the relevant tariff. We hold, however, that there is no barrier to Verizon suing to enforce what it has filed.

Covad cross-appeals the district court’s denials of its motions to strike Verizon’s original and first amended complaints. Covad also cross-appeals the dismissal of its counter-claims with prejudice. We affirm the denials of Covad’s motions to strike Verizon’s complaints but hold that summary judgment against Covad’s counterclaims was improper because Covad was not given adequate notice that the sufficiency of its claims would be at issue or an…