Justia Communications Law Opinion Summaries

Claimant appealed from a judgment of the district court ordering the forfeiture to plaintiff United States, pursuant to 22 U.S.C. 401(a), of certain communication-jamming devices, to wit, the defendant-in-rem Jammers, owned by claimant and a company of which he was the majority shareholder and CEO. On appeal, claimant contended that the district court erred in dismissing his claim, arguing principally that the stipulation he signed was void on the grounds that it was signed under duress and without consideration. The court held that, as a matter of New York law, no consideration for claimant's agreement to the release was needed; and thus, if consideration was absent, its absence did not make the stipulation invalid. The court also held that claimant's assertions did not meet any part of the test of duress. The court further held that the district court correctly granted the government's motion to strike or for summary judgment on the ground of claimant's lack of Article III standing. Accordingly, the judgment was affirmed. View "United States v. Twenty MilJam-350 IED Jammers" on Justia Law

After several failed attempts to establish a voluntary interconnection agreement, the two telecommunications companies went into arbitration with defendant, the Telecommunications Regulatory Board of Puerto Rico. Following a remand, the Board approved a final interconnection agreement pursuant to its authority under the Telecommunications Act of 1996, 47 U.S.C. 251. The district court entered summary judgment in favor of the Board. The First Circuit affirmed, rejecting arguments that various provisions were arbitrary. View "Worldnet Telecomm., Inc. v. PR Tel. Co., Inc." on Justia Law

A police sergeant arrested plaintiff without a warrant for running a contest which allegedly violated Minnesota gambling laws. The sergeant later obtained a search warrant and seized several items from the house where plaintiff was running the contest. A reporter broadcasted a news story about the contest and plaintiff's arrest on a local CBS television station. Plaintiff subsequently sued the sergeant and the city of Minneapolis under 42 U.S.C. 1983 for civil rights violations for the arrest and search, and the reporter and CBS for defamation. Both sides moved for summary judgment and the district court granted the motion for defendants. The court held that because plaintiff failed to demonstrate that any of the sergeant's actions violated a constitutional right, he could not deprive the sergeant of qualified immunity, and thus summary judgment was appropriate. Summary judgment was also proper as to the city because municipalities could not be held liable under Section 1983 where plaintiff had not argued on appeal that any municipal policy or custom led to a deprivation of his constitutional rights. The court also held that plaintiff was a limited purpose public figure and it was not reckless disregard for the truth to conclude that plaintiff could face future incarceration related to the contests. The court further held that the district court did not abuse its substantial discretion in denying plaintiff's motion for spoliation sanctions. Accordingly, the judgment of the district court was affirmed. View "Stepnes v. Ritschel, et al." on Justia Law

CGM, a billing agent for competitive local exchange carriers (competitive LECs), brought a declaratory judgment action against BellSouth, an incumbent local exchange carrier (incumbent LEC). CGM claimed that BellSouth offered long-term promotional discounts to its own customers but failed, in violation of the Telecommunications Act of 1996, 47 U.S.C. 251(c)(2), 251(c)(4), and rules implementing it, to pass the full value of those discounts on to CGM's client competitive LECs, none of which was a party to the suit. Because CGM had no statutory standing under either the 1996 Act or a seemingly broadly worded but nonetheless inapplicable statute from the Federal Telecommunications Act of 1934, 47 U.S.C. 401(b), the court affirmed the district court's dismissal of CGM's complaint. View "CGM, LLC v. BellSouth Telecommunication, et al." on Justia Law

The city disbanded its dive team because of budget cuts, after which two children drowned. Plaintiff, a fire department employee and member of the disbanded dive team, spoke at a city council meeting, indicating that the budget cuts caused the deaths and would cause more deaths. Plaintiff was ordered to serve unpaid suspension, equivalent to three 24 hour shifts, on grounds of insubordination, malfeasance, misfeasance, dishonesty, failure of good behavior, and conduct unbecoming of an officer. After a grievance hearing the mayor affirmed the suspension, finding that plaintiff’s statements had been false. The district court granted summary judgment for the city. The Sixth Circuit remanded for determination of whether the statements were false; whether any false statements were knowingly or recklessly made; whether a reasonable official would have believed any false statements were knowingly or recklessly made; and, if necessary, whether plaintiff’s interest in speaking as a citizen on a matter of public concern outweighed the city’s interest in promoting the efficiency of the public services it performs through its employees. View "Westmoreland v. Sutherland" on Justia Law

Defendant, a film company, released a documentary, "The Price of Sugar," in 2007 that depicts treatment of Haitian laborers at sugar plantations in the Dominican Republic. The film mentions plaintiffs, senior executives of family plantations, by name. In a suit for defamation, the court entered summary judgment for defendant and denied a motion to compel production of discovery materials. The First Circuit affirmed in part. The plaintiffs are limited public figures in the entire United States, who used their access to the press to launch a PR blitz, thereby risking public scrutiny. Their conduct was beyond a reasonable reply to negative publicity. The court remanded for consideration of actual malice, based on communications between defendant and a fact-checker, hired at the suggestion of defense counsel.View "Lluberes v. Uncommon Prod., LLC" on Justia Law

Defendant, an "infomercialist," violated a court-approved settlement with the FTC by misrepresenting the content of his book, The Weight Loss Cure They Don't Want You to Know About. The district court held him in contempt, ordered him to pay $37.6 million to the FTC, and banned him from making infomercials for three years. The Seventh Circuit vacated the sanctions. On remand, the district court reinstated the $37.6 million remedial fine, explaining that it reached that figure by multiplying the price of the book by the 800-number orders, plus the cost of shipping, less returns, and instructing the FTC to distribute the funds to those who bought the book using the 800-number. Any remainder was to be returned to defendant. The district court also imposed a coercive sanction, a $2 million performance bond, effective for at least five years. The Seventh Circuit affirmed. The district court order, the performance bond in particular, does not violate the First Amendment. View "Fed. Trade Comm'n v. Trudeau" on Justia Law

Defendant, convicted of interstate stalking, cyberstalking, and mailing a threatening communication (18 U.S.C. 2261A(1)-(2), 876(c)), based on communications with his estranged wife and minor child, was sentenced to 137 months. The First Circuit affirmed. The district court acted within its discretion in denying a change of venue or transfer. There was sufficient evidence to support the convictions. Defendant waived challenge to the indictment under FRCP 12(e); he did not show good cause for failing to raise the challenge before trial. The court acted within its discretion in allowing evidence of prior bad acts and imposing the sentence. View "United States v. Walker" on Justia Law

Indiana University had an Instructional Television Fixed Service license, issued by the FCC, that authorized broadcast on specified frequencies. A not-for-profit ITFS licensee can lease unused frequencies to a for-profit entity. The university was contemplating assigning frequencies to PBS, but before it did, PBS quitclaimed its rights to the debtor. Thinking that the transfer was final, debtor modified equipment at a cost of $350,000. The bankruptcy trustee filed a claim against the university, contending that it had promised PBS the license, that debtor had reasonably relied on the promise, and that the doctrine of promissory estoppel entitled debtor to damages of $116,000. The claim settled for $100,000. Because the settlement left the estate with insufficient assets to pay unsecured creditors, a creditor challenged it. The bankruptcy court, district court, and Seventh Circuit affirmed. The trustee decided that pursuing a claim for the license was hopeless and made a reasonable decision. View "In re: Fort Wayne Telsat, Inc." on Justia Law

The district court certified a class in a suit under the Telephone Consumer Protection Act (as amended by the Junk Fax Prevention Act of 2005), 47 U.S.C. 227. The Seventh Circuit vacated and remanded for the court re-evaluate the gravity of class counsel’s misconduct and its implications for the likelihood that class counsel will adequately represent the class. The district court concluded that "only the most egregious misconduct" by the law firm representing the class "could ever arguably justify denial of class status." The court must weigh the firm's misleading statements and the risk that the firm is in this case purely for itself and not for the benefits that the suit if successful might confer on the class. View "Creative Montessori Learning Centers v. Ashford Gear LLC" on Justia Law