Novo Nordisk Pharmaceutical Industries, Inc. v. Carolina Power & Light Co., 2008 NCBC 16 (N.C. Super. Ct. Sept. 15, 2008)(Jolly)

As the North Carolina Business Court framed the issue in its opinion yesterday in Novo Nordisk Pharmaceutical Industries, Inc. v. Carolina Power & Light Co., it was "whether and to what extent a public utility contractually may limit its liability for subsequent acts pursuant to the filed rate doctrine, as adopted by the North Carolina Supreme Court."  The answer from Judge Jolly, in a case of first impression, was that such limitations…

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