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BALTHAZAR v. VERIZON HAWAII, INC.

No. 26977.

123 P.3d 194 (2005)

109 Hawaii 69

Brendan BALTHAZAR and Michael R. Savona, M.D., Plaintiffs-Appellants v. VERIZON HAWAII, INC., Defendant-Appellee and Hawaiian Telephone Company, GTE Hawaiian Telephone Company, Inc., John Does 1-5, John Doe Corporations 1-5, John Doe Partnerships 1-5, Roe Non-Profit Corporations 1-5, and Roe Governmental Agencies 1-5, Defendants.

Supreme Court of Hawaii.

November 25, 2005.

Attorney(s) appearing for the Case

James Krueger, Wailuku, and Joseph W. Cotchett, Nancy L. Fineman, & Nanci E. Nishimura, pro hac vice, for plaintiffs-appellants.

Jeffrey S. Portnoy, Honolulu, (Cades Schutte) and Andrew G. McBride, Helgi C. Walker, & M. Evan Corcoran (Wiley Rein & Fielding, LLP), pro hac vice, for defendant-appellee Verizon Hawaii, Inc.

MOON, C.J., LEVINSON, ACOBA, and DUFFY, JJ., and Circuit Judge Blondin in Place of NAKAYAMA, J., Recused.

Opinion of the Court by ACOBA, J.

We hold that (1) because the filed-rate doctrine imputes knowledge of the disclosures contained in a tariff filed with a regulatory agency like the Hawai'i Public Utilities Commission (HPUC or the HPUC) by a public utility such as Defendant-Appellee Verizon Hawaii, Inc. (Verizon) and its predecessors to customers of such a utility and (2) because under the filed-rate doctrine customers suffer no legally cognizable injury when they...

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