- On August 8, 2012, the U.S. Court of Appeals for the Tenth Circuit declined to hear an interlocutory appeal (an appeal before the trial-level phase of the case is finished) of an Oklahoma federal court’s refusal to certify a class of plaintiffs to sue Cox Communications for violating antitrust laws by allegedly illegally tying its set-top boxes to its cable services. The trial court had found that plaintiffs’ request for a nationwide class “ignore[s] the economic reality that Cox customers face different options depending on where they live and that most customers will not relocate their homes in order to change their options.” The trial court also held that the relevant geographic market is not nationwide. The Tenth Circuit, declining to hear the early appeal, held that “[u]pon a careful review of the materials filed with this court and the applicable law, we conclude that this matter is not appropriate for immediate review.” To proceed, Plaintiffs’ counsel must split the suit up into regionally focused cases. Gelder v. CoxCom Inc., No. 12-706 (10th Cir.).
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In the courts
- Arent Fox LLP
- Ross A. Buntrock , Jonathan E. Canis , Michael B. Hazzard , Stephanie A. Joyce and Joseph P. Bowser
- USA
- August 13 2012
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Philip I. Weis
Senior Corporate Counsel
Pfizer
