“Ambit Pushes 3rd Circ. For Rehearing In Rate-Hike Suit”
An Ambit Energy unit has urged the Third Circuit to rethink a recent panel ruling that revived a putative class action accusing the company of boosting customers’ rates after wooing them with promises of lower prices, saying the panel’s holding was based on flawed contract law principles that weren’t argued by either party.
“We believe that Third Circuit precedent requires the court to harmonize the two provisions such that the contract as a whole is not ambiguous,” Ambit attorney Steve Rasch of Thompson & Knight LLP told Law360 in an email Wednesday.
Ambit is represented by Stephen C. Rasch, Richard B. Phillips Jr., Michael W. Stockham and J. Meghan Nylin of Thompson & Knight LLP, and Joanna J. Cline and Christina O. Hud of Pepper Hamilton LLP.