Justia Communications Law Opinion Summaries

Defendant, a technology company that sold data centers, appealed the district court's judgment on a jury verdict in favor of plaintiff, a company that purchased defendant's fiber management systems and intelligent fiber systems, in plaintiff's suit for breach of contract and fraudulent inducement. At issue was whether the district court erred in denying its motion for judgment as a matter of law. The court held that because plaintiff failed to present sufficient evidence that defendant had no intent to perform under the "best efforts" provision of the contract and failed to present any evidence of damages on its other claim, the judgment of the district court was reversed and remanded to the district court to enter judgment in favor of defendant. Accordingly, the court did not reach the other issues raised by defendant on appeal. View "Kevin M. Ehringer Enter., Inc. v. McData Serv. Corp." on Justia Law

Defendants faxed unsolicited advertisements to plaintiff and others, violating the Telephone Consumer Protection Act, 47 U.S.C. 227. One of the recipients filed a proposed class action in Wisconsin, but dismissed its complaint after the four-year limitations period had run, but before the class was certified. Plaintiff's motion to intervene was denied. The district court denied a motion to dismiss plaintiff's subsequent complaint, reasoning that the limitations period was tolled by the state court filing. The Seventh Circuit affirmed on interlocutory appeal.

Plaintiffs, and its wholly owned subsidiary, proposed to split off as a new publicly traded company ("SplitCo") the businesses, assets, and liabilities attributed to plaintiffs' Capital Group and Starz Group (the "Capital Splitoff"). At issue was whether plaintiffs pursued a "disaggregation strategy" designed to remove assets from the corporate structure against which the bondholders had claims and shifted the assets into the hands of plaintiffs' stockholders. The court held that plaintiffs were entitled to judgment declaring that the Capital Splitoff, as currently structured, complied with the Successor Obligor Provision in an indenture dated July 7, 1999 and therefore, plaintiffs were entitled to a declaration that the Capital Splitoff did not violate the Successor Obligor Provision.

Appellant, a shareholder and former chief executive officer of Tama Broadcasting, Inc. ("Tama"), filed an application for review with the Federal Communications Commission ("FCC") challenging the FCC Media Bureau's approval of the assignment applications made by Tama's receiver after a judicial foreclosure action was brought against Tama. At issue was whether appellant had standing under Article III to file an application for review. The court held that appellant lacked standing where his injuries could not be traced to the FCC's approval of the license assignments and where the alleged injuries were caused by Tama's default on its loan payments, the foreclosure action against Tama, and the New York court's appointment of a receiver.