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... , at odds with the California Supreme Court. The most recent decision to suggest this schism is Cohen v. DIRECTV, Inc. (October 28, 2009) from the Court of Appeal (Second Appellate District, Division Eight). Cohen is the ... the subject matter of Cohen, I begin by providing some background about the claims in that matter. Cohen concerns an allegation that DIRECTV advertised that the channels in its HD Package were broadcast in the 1080i HD standard (an interlaced resolution of 1920x1080 pixels), at ...

Directv, Inc. and Echostar Satellite, LLC v. Commissioner, Dept. of Revenue and Frankfort Independent School District 2007-SC-000714-DG June 25, 2009 Opinion by Justice Abramson. All sitting; all concur. Direct broadcast satellite (DBS) television providers brought an action seeking to have KRS 160.140, which imposes a gross receipts tax declared preempted under the federal Telecommunications Act of 1996. The circuit court awarded summary judgment to the DBS providers. The Court of ...

On October 28, 2009, the Second District (Division Eight) granted requests to publish its opinion in Cohen v. DirecTV, Inc. Prior discussion of this opinion may be found here and here.

... the period of October 16, 2009 and October 19, 2009, four separate publication requests were filed in Cohen v. DirecTV. The requests are contained here, here, here and here. In Cohen, the Second District upheld denial of certification of a UCL class because the proposed class included persons who had not viewed alleged deceptive promotions by DirecTV. The Court reasoned predominance could not be met under circumstances, and in fact, went so far as to state that "we ...

... Legal Remedies Act (CLRA) and Unfair Competition Law (UCL). Cohen v. DIRECTV, Inc., ___ Cal.App.4th ___ (Cal.App. October 28, 2009) [ ... the court denied the motion and the appellate court affirmed. See Cohen v. DIRECTV, Inc., 142 Cal.App.4th 1442 (Cal.App. 2006). Eventually, ... class stand in a myriad of different positions insofar as the essential allegation in the complaint is concerned, namely, that DIRECTV violated the CLRA and the UCL by inducing subscribers to purchase HD services with false ...

In Cohen v. DirecTV, Inc., ___ Cal.App.4th ___ (Sept. 18, 2006), the Court of Appeal (Second Appellate District, Division Eight) affirmed the trial court's order denying the defendant's motion to compel arbitration of the plaintiff's CLRA and UCL class claims, holding that the no-class-action arbitration provision was unconscionable under Discover Bank v. Superior Court, 36 Cal.4th 148 (2005). [Hat tip: Consumer Law & Policy Blog]

... example a violation of a prior court order." Nat'l Rural Telecomm. Coop. v. DIRECTV, Inc., 319 F. Supp. 2d 1059, 1074 & n.22 (C.D. Cal. 2003) (quoting Smith v. State Farm Mut. Auto. Ins. ... of the law, or otherwise significantly threatens or harms competition." Cel-Tech Commc'ns, Inc. v. L.A. Cellular Tel. Co., 973 P.2d 527, 544 (Cal. ... that the predicate law provides for a private right of action." Gregory v. Albertson's Inc., 128 Cal. Rptr. 2d 389, 392 (Ct. App. 2002). "[A] breach of ...

... Inc. in Los Angeles District Court on February 14, 2008. The patent holder, Phoenix Solutions, Inc., is accusing DIRECTV of infringing four of its patents (Patent Nos. 6,615,172, 7,139,714, 7,050,977, and 7,225,125). The patents relate to computer-based ... for "virtual customer service agent" responses to incoming phone calls from a live person. The complaint alleges that DIRECTV's customer support lines and website, "including movie and/or event ordering lines and installer ...

... eyed reader asked yesterday what effect Judge Clark's May 19 ruling finding the patent invalid in Finisar v. DirecTV, No. 1:05cv264 had on my recent statement that the last 2 1/2 years the results at trial ... on appeal and the Federal Circuit reversed in part, remanding for reconsideration due to a change it made in the court's claims construction (they do that, you know). See Finisar Corp. v. DirecTV Group, Inc., 523 F.3d 1323, 1341 (Fed. Cir. 2008). On remand, Judge Clark invited briefing on the ...

Time Warner Cable, Inc. v. DirecTV, Inc., --- F.3d ----, 2007 WL 2263932 (2nd Cir.) District court proceedings discussed here. In partially affirming the preliminary injunction against certain DirecTV ads, the Second Circuit adopted the doctrine of falsity by necessary implication, which means that ads can ... is the second-largest US cable company, and the franchisee in most of New York City. DirecTV doesn't have the same franchise limitations, and is thus Time Warner's greatest ...