Kotrosits v. GATX Corp. Non-Contributory Pension Plan for Salaried Employees

How later courts describe this case

• stating that cases raised question whether a private suit under RICO may be brought against a utility to recover for excessive charges for electrical power
• the rationale underlying the filed rate doctrine applies "whether the rate at issue has been set by a state rate-making authority or a federal one”
• “where such party shows the kind of conflict of interest that could realistically be expected to bias the decision makers, [Firestone] counsels in favor of withholding deference”
• “anyone urging that a court disregard [a reservation of discretionary authority by the plan] has the burden of showing some reason to believe the exercise of discretion has been tainted”
• “this principle, [which is central to the filed rate doctrine] ..., applies with equal force to preclude recovery under RICO whether the rate at issue has been set by a state rate-making authority or a federal one”