Learjet, Inc. v. Oneok, Inc.

Good Law
715 F.3d 716
United States Court of Appeals for the Ninth CircuitApril 10, 201311-16786, 11-16798, 11-16799, 11-16802, 11-16818, 11-16821, 11-16869, 11-16876, 11-16880California12,659 words

Opinion

Opinion

Bea, J.

These cases arise out of the energy crisis of 2000-2002. Plaintiffs (retail buyers of natural gas) allege that Defendants (natural gas traders) manipulated the price of natural gas by reporting false information to price indices published by trade publications and engaging in wash sales. Plaintiffs brought various claims in state and federal court beginning in 2005, and all cases were eventually consolidated into the underlying multidistrict litigation proceeding. In July 2011, the district court entered summary judgment against Plaintiffs in most of the cases, finding that their state law antitrust claims were preempted by the Natural Gas Act, 15 U.S.C. § 717 et seq. (“NGA”). Plaintiffs appeal the district court’s order granting summary judgment, as well as orders denying as untimely Plaintiffs’ motions to amend their complaints, orders dismissing the AEP Defendants from two cases for lack of personal jurisdiction, and an order granting partial summary judgment to Der fendant Duke Energy Trading and Marketing, LLC.

We have jurisdiction pursuant to 28 U.S.C. § 1291 . We reverse the district court’s order granting summary judgment to the Defendants, reverse in part the…

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