rate hearing (Kansas) · Go Syfert
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rate hearing in Kansas

14 Kansas opinions name it 2 courts 1968–2024 1 in the last five years

The cases below were cited by Kansas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
– GFTLenexa, LLC v. City of Lenexa –green
kan · 2019 · cited in 1 Kansas opinions naming this issue, 2020–2020
1 sentence

2020K.S.A. 66-118a(b) ("The court of appeals shall have exclusive jurisdiction to review any agency action of the state corporation commission arising from a rate hearing . . . ."); K.S.A. 60-2101 ("The supreme court shall have jurisdiction to correct, modify, vacate or reverse any act, order or judgment of a district court or court of appeals . . . ."); see also GFTLenexa, LLC v. City of Lenexa, 310 Kan. 976 , 981, 453 P.3d 304 (2019) ("This court exercises concurrent jurisdiction with the Court of Appeals over all appeals over which the Court of Appeals has jurisdiction . . . .").

11
Kumho Tire Co. v. Carmichaelgreen
scotus · 1999 · cited in 1 Kansas opinions naming this issue, 2019–2019
2 sentences

2019Daubert emphasized that these factors were not exclusive and that the trial court's overarching inquiry should be the scientific validity, evidentiary relevance, *50 and reliability of the evidence. 509 U.S. at 593 -95 , 113 S.Ct. 2786 ; see also Kumho Tire Co. v. Carmichael , 526 U.S. 137 , 147, 149-50, 119 S.Ct. 1167 , 143 L.Ed.2d 238 (1999) (trial judge's gatekeeping function applies to all expert testimony, not just scientific testimony, and a court may consider the Daubert factors when deciding admissibility).

2019Daubert emphasized that these factors were not exclusive and that the trial court's overarching inquiry should be the scientific validity, evidentiary relevance, *50 and reliability of the evidence. 509 U.S. at 593 -95 , 113 S.Ct. 2786 ; see also Kumho Tire Co. v. Carmichael , 526 U.S. 137 , 147, 149-50, 119 S.Ct. 1167 , 143 L.Ed.2d 238 (1999) (trial judge's gatekeeping function applies to all expert testimony, not just scientific testimony, and a court may consider the Daubert factors when deciding admissibility).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Kansas. Read the followed side critically anyway.

Also cited on this issue (13)

CaseCitedYears
Daubert v. Merrell Dow Pharmaceuticals, Inc. green
scotus · 1993
2 sentences

2019To that end, Daubert provided a list of nonexclusive factors a trial judge could use to fulfill this gatekeeping requirement: whether the theory or technique can and has been tested; whether it has been subject to peer review; the rate of error; the existence and maintenance of standards; and whether the theory or technique has general acceptance among the relevant scientific community. 509 U.S. at 592 -94 , 113 S.Ct. 2786 .

2019To that end, Daubert provided a list of nonexclusive factors a trial judge could use to fulfill this gatekeeping requirement: whether the theory or technique can and has been tested; whether it has been subject to peer review; the rate of error; the existence and maintenance of standards; and whether the theory or technique has general acceptance among the relevant scientific community. 509 U.S. at 592 -94 , 113 S.Ct. 2786 .

22019–2024
Columbus Telephone Co. v. Kansas Corporation Comm'n green
kanctapp · 2003
2 sentences

2013This court found the audit was “sufficiently like a standard rate hearing to serve the purpose of the statute.” 31 Kan.

2012Columbus Telephone Co., 31 Kan.

22012–2013
Shawnee Hills Mobile Homes, Inc. v. Rural Water District No. 6 green
kan · 1975
2 sentences

2003The presumption is in favor of the rate and rule established by the rate-making authority.’ 217 Kan. at 429-30 .

2000The language of the Supreme Court of the United States, applied to an attack by the utility company upon an established rate, is conversely applicable to an attack by the ratepayer.’ ” 217 Kan. at 429 -30 (quoting Knotts v. Nollen, 206 Iowa 261, 262-63 , 218 N.W. 563 [1928] *61 and referring to San Diego Land & Town Co. v. National City, 174 U.S. 739 , 43 L.

22000–2003
San Diego Land & Town Co. v. National City green
scotus · 1899
2 sentences

2000The language of the Supreme Court of the United States, applied to an attack by the utility company upon an established rate, is conversely applicable to an attack by the ratepayer.’ ” 217 Kan. at 429 -30 (quoting Knotts v. Nollen, 206 Iowa 261, 262-63 , 218 N.W. 563 [1928] *61 and referring to San Diego Land & Town Co. v. National City, 174 U.S. 739 , 43 L.

2000The language of the Supreme Court of the United States, applied to an attack by the utility company upon an established rate, is conversely applicable to an attack by the ratepayer.’ ” 217 Kan. at 429 -30 (quoting Knotts v. Nollen, 206 Iowa 261, 262-63 , 218 N.W. 563 [1928] *61 and referring to San Diego Land & Town Co. v. National City, 174 U.S. 739 , 43 L.

21975–2000
CITIZENS'UTILITY RATEPAYER BD. v. Kansas Corporation Comm'n green
kanctapp · 1997
1 sentence

2013Interestingly, the Commission argued before this court that the case did not arise from a rate hearing and instead sought to transfer the case to the district court. 24 Kan.

12013–2013
Bartlett Grain Co. v. Kansas Corp. Commission green
kan · 2011
2 sentences

2012The Kansas Supreme Court noted in Bartlett Grain Co. v. Kansas Corporation Comm’n, 292 Kan. 723, 727 , 256 P.3d 867 (2011), that the Kansas Judicial Review Act applies to all KCC appeals other than those arising from a rate hearing.

2012The Kansas Supreme Court noted in Bartlett Grain Co. v. Kansas Corporation Comm’n, 292 Kan. 723, 727 , 256 P.3d 867 (2011), that the Kansas Judicial Review Act applies to all KCC appeals other than those arising from a rate hearing.

12012–2012
Knotts v. Nollen green
iowa · 1928
2 sentences

2000The language of the Supreme Court of the United States, applied to an attack by the utility company upon an established rate, is conversely applicable to an attack by the ratepayer.’ ” 217 Kan. at 429 -30 (quoting Knotts v. Nollen, 206 Iowa 261, 262-63 , 218 N.W. 563 [1928] *61 and referring to San Diego Land & Town Co. v. National City, 174 U.S. 739 , 43 L.

2000The language of the Supreme Court of the United States, applied to an attack by the utility company upon an established rate, is conversely applicable to an attack by the ratepayer.’ ” 217 Kan. at 429 -30 (quoting Knotts v. Nollen, 206 Iowa 261, 262-63 , 218 N.W. 563 [1928] *61 and referring to San Diego Land & Town Co. v. National City, 174 U.S. 739 , 43 L.

12000–2000
MAPCO Intrastate Pipeline Co. v. State Corp. Commission green
kanctapp · 1985
1 sentence

1990The court concluded this was a rate hearing, and the resulting order was one “ ‘arising from a rate hearing.’ ” 10 Kan.

11990–1990
In Re Application of Southwestern Bell Tel. Co. green
kanctapp · 1984
1 sentence

1985Co., 9 Kan.

11985–1985
Sunflower Pipeline Co. v. Kansas Corp. Commission green
kanctapp · 1979
1 sentence

1984This case is also analogous to Sunflower Pipeline Co. v. Kansas Corporation Commission, 3 Kan.

11984–1984
State v. Puckett green
kan · 1982
2 sentences

1983We do not deem the issue to be such that its consideration is necessary to serve the interests of justice orto prevent the denial of fundamental rights (State v. Puckett, 230 Kan. 596 , 640 P.2d 1198 [1982]), thus we decline to consider the issue.

1983We do not deem the issue to be such that its consideration is necessary to serve the interests of justice orto prevent the denial of fundamental rights (State v. Puckett, 230 Kan. 596 , 640 P.2d 1198 [1982]), thus we decline to consider the issue.

11983–1983
Utah Fuel Co. v. National Bituminous Coal Comm'n green
scotus · 1939
2 sentences

1981Cf. Utah Fuel Co. v. Coal Comm’n, 306 U.S. 56 , 83 L.Ed. 483 , 59 S.Ct. 409 (1939).

1981Cf. Utah Fuel Co. v. Coal Comm’n, 306 U.S. 56 , 83 L.Ed. 483 , 59 S.Ct. 409 (1939).

11981–1981
Loucks v. McCormick green
kan · 1967
2 sentences

1968(Loucks v. McCormick, 198 Kan. 351 , 424 P. 2d 555 , and cases cited therein.) The trial court further concluded that since no evidence was introduced, establishing a contract rate for test pumping, quantum meruit applies; that the evidence established a customary rate for test pumping of $250, plus fuel, when a sale of pumping equipment is made by the pumper; when a sale is not made the rate is $500 per pumping, plus the cost of fuel used.

1968(Loucks v. McCormick, 198 Kan. 351 , 424 P. 2d 555 , and cases cited therein.) The trial court further concluded that since no evidence was introduced, establishing a contract rate for test pumping, quantum meruit applies; that the evidence established a customary rate for test pumping of $250, plus fuel, when a sale of pumping equipment is made by the pumper; when a sale is not made the rate is $500 per pumping, plus the cost of fuel used.

11968–1968

Statutes the citing opinions construe

KS § K.S.A. § 66-118a (7) KS § K.S.A. § 66-101 (4) KS § K.S.A. § 66-118d (4) KS § K.S.A. § 60-456 (3) KS § K.S.A. § 66-117 (3) KS § K.S.A. § 66-118b (3) KS § K.S.A. § 66-118c (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 32 (1912–2023) CA 19 (1960–2026) KS 14 (1968–2024) OR 9 (1993–2025) AZ 7 (1972–2015) NM 7 (1994–2024) MI 6 (1988–2021) MD 5 (1959–2016) PA 5 (1935–2026) NJ 4 (1981–1997) IL 4 (1971–2026) NY 4 (1971–2003) SD 4 (1978–2026) DE 3 (1964–2018) WY 3 (1984–1993) NE 3 (1993–2022) RI 3 (1973–1977) CT 3 (2008–2018) FL 3 (1975–2000) LA 2 (1993–2002) OH 2 (2013–2015) MA 2 (1992–2004) IA 2 (1977–1988)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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