1st Circuit Dismisses $3.66 Billion Class Action Against Eversource, Avangrid

In a notable decision affirming the continuing vitality of the filed rate doctrine, the US Court of Appeals for the First Circuit upheld the dismissal of a $3.66 billion-dollar consumer class action brought against Eversource Energy and Avangrid, Inc. in Breiding v. Eversource Energy, No. 18-1995 (Sept. 18, 2019), which alleged manipulation of the New England energy markets. The "filed rate" doctrine prohibits collateral attacks on tariff rates, terms, and conditions established by federal and state regulatory agencies. The First Circuit's decision in Breiding v. Eversource Energy illustrates that the doctrine continues to stand as a first line of defense against antitrust claims and similar state law claims challenging conduct governed by regulator-approved tariffs.