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16 Apr, 2008 1:44 am by Rebecca Tushnet
... steak burger and that consumers associated "steak burger" with Steak 'n Shake. Same result - motion denied. Another favorite was BellSouth Telecommunications, Inc. v. Hawk Communications, LLC, a 2004 Lanham Act case that we brought in the Northern District of Georgia. In that case, BellSouth - the largest ISP in the region - sought a preliminary injunction to stop Hawk from advertising that its narrowband internet service allowed consumers to "Dial Up at DSL ...
43(B)log - http://tushnet.blogspot.com/index.html
11 Mar 6:33 am by Alan J. Berteau
... the rural ILECs were eligible to draw from the fund. As for its funding, the Order provided, "[t]he plan is funded by BellSouth Telecommunications, Inc. and IXCs [long distance companies] and includes access reductions from BellSouth Telecommunications, Inc. to ... from the fund. The difference between the Interim LOS Preservation Plan and the new state USF was that all telecommunications service providers or "TSPs", including CLECs and wireless carriers, were required to contribute to the state USF ...
Louisiana Law Blog - http://www.louisianalawblog.com/
15 Sep, 2008 8:25 pm
... were timely. U.S. 6th Circuit Court of Appeals, September 09, 2008 BellSouth Telecommunications, Inc. v. Farris, No. 07-5397, 07-5424 In a case involving a Kentucky tax imposed on the gross revenues of telecommunications providers, the circuit court rules that: 1) under the First Amendment, Kentucky is not allowed to ... . 11th Circuit Court of Appeals, September 08, 2008 Island Silver & Spice, Inc. v. Islamadora, No. 0711418 Judgment granting injunctive monetary relief in favor of plaintiff ...
Criminal Law Library Blog - http://www.criminallawlibraryblog.com/
16 Sep, 2008 12:00 pm by Michael J. Hassen
... analysis by summarizing the "which provides a six-step process 'for use in judicially reviewing virtually all ERISA-plan benefit denials.'" White, at *4 (citing Williams v. BellSouth Telecommunications, Inc., 373 F.3d 1132, 1137-38 (11th Cir. 2004)). The Eleventh Circuit first ... support a contrary decision,'" id. (quoting Jett v. Blue Cross & Blue Shield of Ala., Inc., 890 F.2d 1137, 1140 (11th Cir. 1989)). In the end, the Eleventh Circuit concluded that Coca ...
Class Action Defense Blog - http://classactiondefense.jmbm.com/
12 Sep, 2008 1:01 pm by Roy F Harmon III
The district court used the framework that we established in Williams v. BellSouth Telecommunications, Inc., 373 F.3d 1132, 1137-38 (11th Cir. 2004), which provides a six-step process "for use in judicially reviewing virtually all ERISA-plan benefit denials": (1) Apply the de novo standard to determine whether the claim administrator's benefits-denial decision is "wrong" (i.e., the court [...]
Health Plan Law - http://healthplanlaw.com
21 Feb, 2007 9:31 am by A. Benjamin Spencer
... 3d ----, 2007 WL 313872 (8th Cir. Feb. 5, 2007): This case involves a telecommunications licensing agreement that requires Level 3 Communications (Level 3) to pay fees and meet ... related, violated state law, 42 U.S.C. § 1983, and the Federal Telecommunications Act of 1996, specifically, 47 U.S.C. § 253. . . . In its amended complaint, Level ... Congress did not intend to create a private right of action in section 253), with BellSouth Telecomms., Inc. v. Town of Palm Beach, 252 F.3d 1169, 1191 (11th ...
Split Circuits - http://splitcircuits.blogspot.com
20 May, 2008 10:31 pm by A. Benjamin Spencer
... 2008 WL 2102283 (5th Cir. May 20, 2008): Section 253(a) of the Federal Telecommunications Act of 1996 (FTA) provides: "No State or local statute or regulation, or other ... or have the effect of prohibiting the ability of any entity to provide any interstate or intrastate telecommunications service". 47 U.S.C. § 253(a). . . . Five circuits are split three ... privately enforceable right. The Sixth and Eleventh Circuits hold it does. BellSouth Telecomms., Inc. v. Town of Palm Beach, 252 F.3d 1169, 1191 ...
Split Circuits - http://splitcircuits.blogspot.com
14 Sep, 2008 8:10 pm by Michael Stevens
... . For the following reasons, we AFFIRM. 08a0343p.06 2008/09/09 BellSouth Tele Inc v. Farris et al AT&T v. Rudolph Eastern District of ... Frankfort SUTTON, Circuit Judge. In 2005, Kentucky imposed a 1.3% tax on the gross revenues of telecommunications providers. Ky. Rev. Stat. Ann. § 136.616(1), (2)(b). In ... court's order granting in part and denying in part Defendant-Appellee CSX Transportation, Inc.'s ("CSX") motion for summary judgment and granting judgment for CSX in this case filed pursuant ...
Sixth Circuit Cases - http://kentuckylaw.typepad.com/sixth_circuit_cases/
3 Nov, 2007 7:46 am by Robert A. D'Iorio
... E-mail: tasc@hiwaay.net Web: http://tasc.ataccess.org Assistech Group (Telecommunications Compliance Consulting) P.O. Box 110351 Birmingham, AL 35211 Phone: (205) ... -0810; (205) 444-9933 Web: http://www.parentadvocatesdownsyndrome.com Goodwill Alabama Goodwill Industries, Inc. 2350 Green Springs Highway Birmingham, AL 35205 Phone: (205) 323-6331 Fax: ... Central Alabama, Inc. 900 Air Base Boulevard Montgomery, AL 36108-0349 Phone: (334) 263-4633 Fax: (334) 263-5817 E-mail: goodwil@bellsouth.net Easter ...
Cerebral Palsy, Erb's Palsy & Birth Injury Blog - http://www.cerebralpalsybirthinjuryblog.com/
8 Jan, 2007 7:01 am
... IP captioned telephone service (IP CTS) is a form of telecommunications relay service (TRS) and is therefore eligible for the Interstate TRS Fund. This ruling was in response to a petition filed by Ultratec, Inc., and received widespread support from the disability ... or to sell to Internet content, application, or service providers, including those affiliated with AT&T/BellSouth, any service that privileges, degrades or prioritizes any packet transmitted over AT&T/BellSouth's wireline ...
FCC Law Blog - http://www.fcclawblog.com/
4 May, 2007 11:58 am
... minor error. Under the E-rate program, eligible schools and libraries may apply for discounts for telecommunications services, Internet access and internal connections. The FCC remanded the applications back to the Universal Service ... Order also moves the implementation date of the 6.25 kHz technology to January 1, 2011. D. Other March FCC Activity. 1. FCC Releases Text of AT&T Inc.-BellSouth Corp. Merger Order. On March 26, the Commission released a Memorandum Opinion and Order approving the ...
FCC Law Blog - http://www.fcclawblog.com/
6 Dec, 2007 7:45 am by Robert A. D'Iorio
... -2969 Web: http://www.dhhs.state.nc.us/docs/divinfo/dsdhh.htm Telecommunications Relay Services for Individuals who are Deaf, Hard of Hearing, or with Speech Impairments Phone: (800) ... 274-0444 (V/TTY) Fax: (828) 274-4461 E-mail: ashcilnc@bellsouth.net Web: http://www.westernalliance.org Programs for Accessible Living 5801 Executive ... @nationsbank.com RESPITE PROGRAM North Carolina Respite Coalition Carolinas' Caring Connection, Inc. 5700 Executive Center Drive, Suite 110 Charlotte, NC 28212 Phone: ...
Cerebral Palsy, Erb's Palsy & Birth Injury Blog - http://www.cerebralpalsybirthinjuryblog.com/
30 May, 2006 7:00 pm
... Markey, the ranking Democrat on a House telecommunications subcommittee, asked Martin last week to investigate reports that AT&T, Verizon and BellSouth shared phone call records ... not being used; seeks comment. Action expected 4Q 2006. Ø AT&T-Bellsouth Merger: Comments due June 5; replies due June 20. Action ... York. Several new parties have intervened in the case: Center for the Creative Community, Inc., CBS Television Network Affiliates, FBC Television Affiliates Association, NBC Television ...
FCC Law Blog - http://www.fcclawblog.com/
30 Jun, 2006 9:03 am
... to perpetuate intergovernmental consultation between the parties in order to identify and remove barriers to telecommunications deployment in Indian Country. C. Next Commission Meeting. The next Commission meeting ... not being used; seeks comment. Action expected 4Q 2006. Ø AT&T-Bellsouth Merger: Comments due June 5; replies due June 20. Action ... . Univision's Board Approves $12.3 Billion Sale Univision Communications Inc.'s board agreed to sell the nation's largest Spanish-language broadcaster ...
FCC Law Blog - http://www.fcclawblog.com/
21 May, 2007 8:17 am by Senior Editor
... other's territories for local telephone and high-speed Internet service. The case stems from changes to the telecommunications law in 1996. The local phone companies were to open their monopoly markets to competition. In ... for local phone service. The defendants were Bell Atlantic Corp., BellSouth Corp., Qwest Communications International Inc., and SBC Communications Inc. Bell Atlantic is now Verizon Communications Inc. and SBC bought AT&T Inc. and the renamed company, AT&T, merged with ...
LawInfo Weblog - http://blog.lawinfo.com
6 Dec, 2007 3:19 pm by Sheppard Mullin
... Co., 915 F. 2d 17 (1st Cir. 1990). In Verizon Communications, Inc. v. Law Offices of Curtis V. Trinko, 540 U.S. 398 ... regarded as unfair or unduly burdensome by the competitor. Compare Covad Communications Co. v. Bellsouth Corp., 374 F. 3d 1044, 1050 (11th Cir. 2004) (holding ... deal precedents. While the Trinko court did recognize that the regulatory structure governing telecommunications was an important factor in concluding that it was not justified in extending antitrust liability to include Trinko ...
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Antitrust Law Blog - http://www.antitrustlawblog.com/
31 Jan, 2007 12:42 pm
... seek to pass smaller, more targeted communications bills in this session. The key telecom companies such as Verizon, BellSouth, and AT&T, who supported GOP-led legislation, are expected to withdraw support for any major Democratic measures. ... In December, the FCC had stated that it is a form of telecommunications relay service (TRS) and is therefore eligible for the Interstate TRS Fund. The ruling was in response to a petition filed by Ultratec, Inc., and received widespread support from the ...
FCC Law Blog - http://www.fcclawblog.com/
28 Feb, 2007 7:02 am
... Committee. Committee Chairman Senator Inouye (D-HI) expressed concern over a special access provision in the AT&T/BellSouth merger and questioned Chairman Martin about his stated qualms over its legality. Many lawmakers were eager to discuss ... regional public service commissioners. Also on March 1, at 10:30 am, the House Energy and Commerce Subcommittee on Telecommunications and the Internet will meet. Their topic will be the "Digital Future of the United States: Part I -- The Future of the ...
FCC Law Blog - http://www.fcclawblog.com/
         
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