The filed rate doctrine suspends judicial inquiry into a claim. It applies when the defendant has received approval from an authorized administrative agency to charge a rate which the defendant filed for the administrative agency's approval. The filed rate doctrine or FRD has been applied to insurance cases. 2 DENNIS J. WALL, LITIGATION AND PREVENTION OF INSURER BAD FAITH § 11:26.75, Insurance Cases and the Filed Rate Doctrine—Challenging the Filed Rate Doctrine Defense (West Publishing 3d Edition & 2024 Supplements).
Query: Has the Loper Bright Enterprises v. Raimondo, 144 S.Ct. 2244 (U.S. June 28, 2024) decision turned the filed rate doctrine into the judge rate doctrine?
Answering this question fully would probably take a new book in itself. In the interim, active practitioners should consider raising the issue in pending cases.
Once that's done, after a while there will be enough case law and perhaps statute law that it will be time for that new book.
The various manifestations and justifications of the Filed Rate Doctrine in the previously decided case law, including in insurance cases, are addressed in 2 DENNIS J. WALL, LITIGATION AND PREVENTION OF INSURER BAD FAITH §§ 11:26-11:26.75 (West Publishing Co. 3d Ed.& 2024 Supplements).
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