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17 Sep, 2007 6:00 am by Kimberly A. Kralowec
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 of the ...
The UCL Practitioner - http://www.uclpractitioner.com/
23 Aug, 2007 10:54 am by S. COTUS
Anderson v. Comcast Corporation, Nos. 06-2165, 06-2203. Remember Kristian v. Comcast, Corp., 446 F.3d 25 (1st Cir. 2006) ( ... the "class action bar" is valid. But, applying PacifiCare Health Sys., Inc. v. Book, 538 U.S. 401, 406-07 (2003), the First finds that ... the arbitrator finds a violation of the statute that is not willful or knowing, the discretionary award of multiple damages may or may not be waivable under Massachusetts law. In the absence of a question of arbitrability, the district court ...
Tags: Civil, Liability
Appellate Law & Practice - http://appellate.typepad.com/appellate/
30 May, 2006 7:00 pm
... 5. FCC Looks at Stations' Use of PR Videos. The Commission is investigating allegations that dozens of television stations aired corporate advertisements masquerading as news stories. Federal regulations require that broadcast stations disclose the corporate backers of video ... between June 19 and June 30, 2006 (window originally scheduled to open on May 12). Auction not yet scheduled. Ø Time Warner/Comcast - Adelphia Transaction: Proposed conditions would ensure: MVPD access to merged entities' ...
FCC Law Blog - http://www.fcclawblog.com/
20 May, 2008 4:21 am
... evidence of an intent to use the mark, and his application was therefore rejected. Intel Corp. v. Emeny, Opposition No. 91123312 (May 15, 2007) [not precedential]. Intel had opposed on Section 2(d) and dilution ... statute they have designated as their representative the Commissioner for Patents, who is located in the Eastern District of Virginia. "[F]or any foreign corporation without a pre-existing United States presence, the majority's decision will be controlling." It remains to be seen whether ...
The TTABlog - http://thettablog.blogspot.com
26 Mar 2:44 am by Ray Beckerman
... &T agreed to act as an RIAA enforcer are incorrect, and both AT&T have Comcast have refused to do so. [Ed. note. What's the truth? Don't ask ... 's know how we feel about them becoming enforcement cops for 4 of the most dastardly corporations on the face of the earth. -R.B.] -->-->*-->* Document published online at ... by Marie Lindor's family for people who may wish to make financial contributions to Ms. Lindor's legal defense in UMG v. Lindor. Contributions are not tax deductible.--& ...
Recording Industry vs The People - http://recordingindustryvspeople.blogspot.com/index.html
10 Sep, 2007 4:07 am
... infestation in trees and tree derived products"); "an exception to that general rule [that nonparties may not appeal from judgments or other actions of a district court], a nonparty such as an attorney who ... denial of Mr. Teschner's motion to intervene" Caritas Technologies, Inc. v. Comcast Corporation, et al. (08/17/2007, non-precedential): affirmed appeal ... :05-CV-339); no reasoning provided within the opinion POSTX Corporation, et al. v. Secure Data in Motion, Inc (doing business as Sigaba) (08/ ...
Daily Dose of IP - http://dailydoseofip.blogspot.com
29 Feb, 2008 8:21 am by MTTLR Blog Editor
... impediment,33 and the bundled offering of cable television and broadband services may deter would-be satellite subscribers,34 especially where equivalent broadband service is unavailable35. ... Feud, Star Trib., August 28, 2008 at 8C. 11 See Comments of Comcast Corporation, MB Docket No. 04-207 at 18 (filed July 15 ... mischaracterizations and overstatements"); Webb supra note 5 (presenting Silverman questioning Comcast's decision "go in a full scale advertising attack on the network with lies that they ...
The MTTLR Blog - http://blog.mttlr.org/
30 Jul, 2006 9:42 am
... The FCC approved the sale of substantially all of the cable systems and assets of Adelphia Communications Corporation to Time Warner and Comcast Corporation, the exchange of certain cable systems and assets between affiliates or subsidiaries of Time Warner ... review will ultimately unravel either merger, although some observers note that the review may result in additional merger conditions, such as further asset divestitures. V. Litigation A. Consumer Protection Groups take CALEA case to Court of ...
FCC Law Blog - http://www.fcclawblog.com/
6 Sep, 2007 2:53 pm by Scott Nelson
... class action may be unconscionable if its application would effectively prevent consumers from vindicating their rights. The opinion, issued this Tuesday, September 4, in the case of Dale v. Comcast Corp ... the class-action waiver, the court held, would "allow Comcast to engage in unchecked market behavior that may be unlawful. Corporations should not be permitted to use class action ... Bank case a little more than two years ago (Discover Bank v. Superior Court, 113 P.3d 1100 (2005)), there has been a ...
Consumer Law & Policy Blog - http://pubcit.typepad.com/clpblog/
25 Feb, 2008 10:45 am by Phillip V. Marano
... efforts" basis. Without regulation, ISPs may decided to begin regulating internet content on their own, e.g. Comcast could block access to Verizon advertisements ... best efforts basis, discrimination would allow for premium services and guarantees. (v) ISPs will not block popular content due to market demand. Pro-neutrality ... effects, few organizations or corporations will spend money to create a sophisticated web site without some mechanism for the site to earn money. - Amway Corp. v. The Proctor & ...
Intellectual Property and Internet Law - http://softip.blogspot.com/
4 Sep, 2007 11:35 am by Barry Barnett
... 's ban on class arbitrations unconscionable and therefore unenforceable. Agreeing with the reasoning in Kristian v. Comcast Corp., 446 F.3d 25 (1st Cir. 2006), the court concluded that enforcing the ban would "allow Comcast to engage in unchecked market behavior that may be unlawful. Corporations should not be permitted to use class action waivers as ... clause, the court reversed the district court's order compelling arbitration. Dale v. Comcast Corp., No. 06-15516 (11th Cir. Sept. 4, 2007). ...
Blawgletter - http://blawgletter.typepad.com/bbarnett/
19 Sep, 2007 3:04 pm by Bill Heinze
... actions against AHC's controlling shareholders, including AT&T Corporation, Comcast Corporation, and Cox Communications, GUCLT received the rights to all other causes ... usually joined to satisfy prudential standing concerns. Indep. Wireless Tel. Co. v. Radio Corp. of Am., 269 U.S. 459, 467, 469 (1926 ... litigation through licensing. . . . The bankruptcy agreement here clearly specifies the actions that GUCLT may pursue, separating a small number of defendants subject to suit only by BHLT. Allowing ...
I/P Updates - http://ip-updates.blogspot.com
28 Mar, 2008 6:00 am
... Rules: (Class 46), No strike out for Nokia: InterDigital Technology Corporation v Nokia Corporation & Anor: (IPKat) United States US General ACTA ... art: (Public Knowledge), Net neutrality doesn't extend to illegal acts: The Comcast saga continues: (Public Knowledge), How reliable are industry announced piracy statistics?: (Techdirt ... Corp - Summary judgment of no substantial similarity in copyright infringement case Tillman v New Line Cinema Corp regarding screenplay scenes: (Chicago IP Litigation ...
IP Thinktank - http://duncanbucknell.com/blog
7 Jul 11:51 am by Deepak Gupta
... of class actions and relied on cases such as the First Circuit's decision in Kristian v. Comcast Corp., 446 F.3d 25, 54 (1st Cir. 2006), which reject class action bans because of their interference with consumers' ability to vindicate statutory rights ... little trouble concluding that the interest embodied in this policy--the protection of large classes of consumers and the deterring of corporate wrongdoing--is materially greater than Texas's interest, which the defendants identify as ' ...
Consumer Law & Policy Blog - http://pubcit.typepad.com/clpblog/
10 Aug, 2007 5:59 am
... Massachusetts Superior Court, Middlesex County naming TJX Companies, Inc.-TJ Maxx's corporate parent-as a defendant. In her complaint, the plaintiff sought damages for alleged identity theft at TJ ... one or more Marshalls, T.J. Maxx, HomeGoods, or A.J. Wright Stores… " TJX, a corporate citizen of Massachusetts, quickly removed the case under CAFA's minimal diversity provision. ... Center, Inc., 485 F.3d 793 (5th Cir. 2007) and Schwartz v. Comcast Corp, 2006 WL 487915 (E.D.Pa. 2006) the District of ...
Tags: Case, Summaries
Class Action Fairness Act Blog - http://www.cafalawblog.com/
10 Sep 7:42 am
On August 28, 2009, the Court of Appeals for the District of Columbia Circuit issued an opinion in Comcast Corporation v. FCC, which vacated the FCC's 30% limit on the number of subscribers to which a cable operator could offer service. The 30% cap, created in 1993, was initially intended to ... adequate a decade ago are not necessarily so now, and those acceptable today may well be outmoded 10 years hence." Refusing to ignore this "crucial fact about the nature of the video ...
FCC Law Blog - http://www.fcclawblog.com/
11 Jun 11:22 am
... payouts to investors. One trustee is the former president of the corporation. (Emphasis added.) * * * * ''Although these legal arguments [by SPIC] may follow the letter of the investor protection act, S.I ... niceties, as the West Virginia three million dollar judicial bribery case. (Caperton v. A.T. Massey Coal Co. Inc., No. 08-22 O.T. ... .lrvelvel.libsyn.com In addition, one hour long television book shows, shown on Comcast, on which Dean Velvel, interviews an author, one hour long television panel ...
Velvel on National Affairs - http://velvelonnationalaffairs.blogspot.com
18 Jul, 2008 8:34 am
... compulsory licence: (Managing Intellectual Property), Valcyte (Valganciclovir) - India: Cipla, Roche may now spar over Valcyte - Cipla soon to launch cheaper generic version ... wine: (IPwar's), Copying tests lands teacher in trouble: Boyapati v Rockefeller Management Corporation: (Australia & New Zealand Intellectual Property Law), Limited ... heirs' termination rights: Classic Media v Winifred Mewborn: (Patry Copyright Blog), (IP Law360), Comcast Corp - Comcast settles voice messaging patent suit ...
IP Thinktank - http://duncanbucknell.com/blog
12 Sep, 2008 2:33 pm
... System released - room for potential patent reform?: (IPRoo), Review of National Innovation System - Key points for corporate counsel: (Mallesons Stephen Jaques), Review of National Innovation System recommends creative commons: (creativecommons.org), Review ... validity and enforceability: Grantley Patent Holdings v Clear Channel: (PATracer), Clear With Computers - CWC settles with four defendants in lawsuit over online sales patent: (Law360), Comcast - Comcast argues Finisar should pay costs and ...
IP Thinktank - http://duncanbucknell.com/blog
27 Jun, 2008 10:04 am
... Property Watch), WIPO Patent Committee meeting addressing international patent policy may end early after apparent agreement to recommend continuation of committee next year ... extension of time granted: Peter John Ward v Embrey Attachments and The Stanley Works: (IPRoo), Using Corporations Law remedies where IP rights are disputed in consequence ... over the company's conduct during patent dispute: (Peter Zura's 271 Patent Blog), Comcast - Technology Development and Licensing files lawsuit against ...
IP Thinktank - http://duncanbucknell.com/blog
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