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PACIFIC LIGHTNET v. TIME WARNER TELECOM

No. SCWC-28948.

318 P.3d 97 (2013)

131 Haw. 257

PACIFIC LIGHTNET, INC., Petitioner/Plaintiff-Appellant/Cross-Appellee v. TIME WARNER TELECOM, INC., and Time Warner Telecom of Hawai`i L.P., Respondents/Defendants-Appellees/Cross-Appellants.

Supreme Court of Hawai`i.

December 18, 2013.

Attorney(s) appearing for the Case

Margery S. Bronster, and Rex Y. Fujichaku, Honolulu, for petitioner.

J. Douglas Ing, Brian Kang, and Emi L.M. Kaimuloa, Honolulu, for respondent.

RECKTENWALD, C.J., NAKAYAMA, ACOBA, McKENNA, and POLLACK, JJ.

Opinion of the Court by ACOBA, J.

We hold that, first, the circuit court of the first circuit (the court) erred in invoking the primary jurisdiction doctrine to dismiss the instant case. Second, inasmuch as the filed-rate doctrine applies, the court erred in failing to instruct the jury that Petitioner/Plaintiff-Appellant/Cross-Appellee Wavecom Solutions Corporation, formerly known as Pacific Lightnet, Inc. (PLNI) could not...

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