Search for: "Comcast Corp."
Results 1 - 20 of 153
Sorted by Relevance | Sort by Date
17 Sep, 2007 6:00 am
In Dale v. Comcast Corp., ___ F.3d ___ (11th Cir. Sept. 4, 2007), the Eleventh Circuit reversed a district court order compelling
abitration, saying, in relevant part: Corporations should not be permitted to use class action waivers as a means to exculpate themselves from liability for small-value claims. We thus
conclude that the enforceability of a particular class action waiver in an arbitration agreement must be determined on a case-by-case basis, considering the totality ...
9 Feb, 2007 8:36 am
... "local action" which must be brought in the county where the property lies. The Plaintiffs, separate owners of two land parcels, one in Baltimore County and one in Baltimore City,
filed a complaint in Baltimore County against Comcast for trespass. The plaintiffs complained that the defendant had run cable across their
land without permission. The plaintiffs sought certification as a class. Before class certification was granted, the defendant moved to dismiss, challenging the plaintiffs' choice ...
30 Oct, 2007 5:26 am
... action arbitration waivers. See, e.g., Caley v. Gulfstream Aerospace Corp., 428 F.3d 1359 (11th Cir. 2005); Jenkins v. First ... so it looked to sister circuits for guidance.
Id., at 1223. In reliance on Kristian v. Comcast Corp., 446 F.3d 25 (1st Cir. 2006), where the First Circuit ... down a class action
waiver arbitration clause as unconscionable, the Eleventh Circuit held that "the Comcast class action waiver is unconscionable to the extent it
prohibits the subscribers from bringing a class action ...
1 Nov, 2007 5:21 am
... (1) a class action waiver provision, (2) a requirement that any claims against Comcast be brought within one year, (3) a requirement that
consumers pay their own costs ... district court applied the First Circuit's recent decision in Kristian v. Comcast, Corp., 446 F.3d 25
(1st Cir. 2006) - summarized<a ... provision, id., at 71. The First Circuit distinguished its holding in Kristian, which invalidated a Comcast class action wavier in an arbitration clause, because it found a conflict between such ...
11 Sep, 2007 5:22 am
... seq., by miscalculating the "pass-through" franchise fees charged customers. Dale v. Comcast Corp., ___ F.3d ___, 2007 WL 2471222,
*1 (11th ... period, and so the class action waiver was substantively unconscionable because "if Comcast's class action waiver is held valid,
they will effectively be denied any ... single subscriber to obtain representation." Id. The Circuit Court found that this would "allow Comcast
to engage in unchecked market behavior that may be unlawful," and that companies may not ...
18 Jan, 2007 5:26 am
... Communications Policy Act, 47 U.S.C. § 522 et seq. Dale v. Comcast Corp., 453 F.Supp.2d 1367, 1370 (N.D. Ga. 2006). ... , OR OTHER
PERSONS SIMILARLY SITUATED." Id. The district court granted the defense motion. Comcast provides its customers with a "subscriber agreement" at
the time it installs service, and "on an annual basis, [it] ... the federal policy favoring arbitration," id., at 1372 (citing Caley v. Gulfstream Aerospace Corp., 428 F.3d 1359,
1367-68 (11th Cir.2005)). The district court first ...
1 Nov, 2007 10:38 am
... coalition of consumer groups and legal scholars on Thursday formally asked the Federal Communications Commission to stop Comcast
Corp. from interfering with file sharing by its Internet subscribers. Two of the groups are also asking the FCC to fine ... Press, one of the advocacy groups behind the petition
to the FCC. The petition asks the commission to immediately declare that Comcast is violating the FCC's policy. The co-signers are Consumer
Federation of America; Consumers Union, the publisher of ...
16 Jan, 2008 5:46 pm
... Eric Goldman Schwartz v. Comcast Corp., 2007 WL 4212693 (3d Cir. Nov. 30, 2007) This case just crossed my desk, and I'm ... Evidence
that says a corporate routine is relevant to prove that the routine was followed in this case. So when Comcast claims it has a pattern of
spamming its users with the subscriber agreement, the court says that it will treat ... s not contract law. There's no question that Schwartz and Comcast have a contract for services. Most likely, it formed when Schwartz placed his order ...
7 Aug 5:33 am
... granted the motion to centralize the class action lawsuits and agreed with the moving party that the Eastern District of Pennsylvania was the appropriate transferee court,
particularly as it was "Comcast is headquartered there, and relevant documents and witnesses will likely be located in that district." Id., at
1-2. Download PDF file of In re Comcast Corp. Set-Top Cable Television Box Antitrust Litigation Transfer Order
1 Aug, 2007 9:17 am
Today, the court in Behrend v. Comcast Corp., No. 03-6604 (E.D. Pa.), held that Bell Atlantic Corp. v. Twombly, 127 S. Ct. 1955
(2007) (post), didn't alter its conclusion that the cable-subscriber ... , 2007, the court had denied motions to dismiss and for reconsideration and granted a motion for class
certification. The plaintiffs allege that Comcast acquired and reinforced a dominant position in Boston, Chicago, and Philadelphia. It did so
by, among other ways, ...
27 Sep, 2004 10:07 am
In Monday's corporations and securities law news, Time Warner Inc. and Comcast Corp. have indicated that they may make a joint bid for
bankrupt cable-television operator Adelphia Communications Corp. The bid may allow Time Warner to swap Adelphia assets in exchange for Comcast's interest in Time Warner Cable. Comcast also announced a new plan which will reduce Comcast's interest in Time Warner
12 Jul, 2008 2:40 pm
... should not be able to place any discriminatory restrictions on web use by their users. The issue in the instant case is a ComCast practice
of restricting BitTorrent file exchanges without even informing the affected users as to the nature and extent ... to the problem of heavy broadband use by Internet file exchangers in
particular, e.g. in the present case: "Comcast argues that its approach is legitimate, and that the commission does not have the authority to
impose any sanctions. "We believe that ...
9 Jan, 2008 8:37 am
By PETER SVENSSON AP Technology Writer LAS VEGAS (AP) _ The Federal Communications Commission will investigate complaints that Comcast
Corp. actively interferes with Internet traffic as its subscribers try to share files online, FCC Chairman Kevin Martin ... told an audience at the International Consumer
Electronics Show. In an investigation last year, The Associated Press found that Comcast in some cases hindered file sharing by subscribers who
used BitTorrent, a popular file-sharing program. The ...
7 May, 2007 5:34 am
By Reuters LAS VEGAS-Comcast Corp., the leading U.S. cable operator, said on May 7 it will integrate its e-mail and voice messaging
services in a new Web-based communications center called SmartZone. In a bid ... address book. The company's 3 million digital phone subscribers will also be able to use the service.
Comcast believes services like SmartZone will strengthen its relationship with subscribers who may be tempted by offers from satellite
television operators, or ...
23 Aug, 2007 10:54 am
Anderson v. Comcast Corporation, Nos. 06-2165, 06-2203. Remember Kristian v. Comcast, Corp.,
446 F.3d 25 (1st Cir. 2006) (our coverage here), which held that although Comcast could bring disputes to arbitration, various parts of their
Comcast-customer agreement were severed (including the one prohibiting class actions) because they violated public policy? Well, the issue
comes up again. This time, a plaintiff came to the state court and the ...
27 Mar, 2008 9:15 am
Comcast Corp., an Internet service provider under investigation for hampering online file-sharing by its subscribers, announced an
about-face in its stance and said it will treat all types of Internet traffic equally. Comcast said it will collaborate with BitTorrent Inc.,
the San Francisco company founded by the creator of the peer-to-peer file-sharing protocol, to come up with better ways to transport large files over the Internet instead of delaying
file transfers. Read the article: USA Today
9 Jan, 2008 9:10 am
Comcast Corp. said that it would cooperate with an investigation by U.S. regulators into how it manages some Internet traffic on its
network, but again denied it had interfered with file-sharing services. Federal Communications Commission Chairman Kevin Martin said that the agency would investigate claims by consumer
groups that cable operator Comcast has blocked file-sharing services such as BitTorrent. Read the article: Reuters
26 Feb, 2008 12:35 pm
The New York attorney general's office has requested information from Comcast Corp. on the company's handling of Internet traffic.
Comcast, the nation's largest cable company, is the subject of several complaints to the Federal Communications Commission and has been sued by
customers over its throttling of file-sharing traffic on its cable-modem service. Read the article: SiliconValley.com
22 Apr, 2008 9:20 am
The top U.S. communications regulator said that an investigation of how Comcast Corp. manages its network had raised further concerns
about tactics the company has used to restrict Internet users who share movies and other material. Testifying before Senate lawmakers, U.S. Federal Communications Commission Chairman
Kevin Martin said Comcast had used a "blunt" technique to impose broad restrictions on peer-to-peer file-sharing. Read the article: Reuters
13 Jul, 2008 10:35 pm
The head of the Federal Communications Commission said he will recommend that the agency sanction Comcast Corp. for unreasonably
restricting Internet users who share movies and other material. In a victory for open-Internet advocates, FCC Chairman Kevin Martin said he will propose that the agency's five
commissioners vote to uphold a complaint alleging that Comcast violated the FCC's open-Internet principles by improperly blocking peer-to-peer
traffic on its network. Read the article: Reuters
Search on: Blawgs.FM | BlawgSearch Google Co-op | Blawg.com | Bloglines | Feedster | Google Blog Search | Technorati | Google | MSN | Yahoo!