Quimbee logo
DMCA.com Protection Status
From our private database of 17,600+ case briefs...

Stokes v. DISH Network, LLC

United States Court of Appeals for the Eighth Circuit
838 F.3d 948 (2016)


DISH Network, LLC (DISH) (defendant), temporarily ceased broadcasting certain Turner Network Sales, Inc., and FOX News Network LLC channels due to expirations of DISH’s carriage agreements with those companies. Neil Stokes (plaintiff) brought a class action suit against DISH on behalf of all DISH subscribers who subscribed to Turner and Fox News channels. Stokes claimed that DISH violated the implied duty of good faith and fair dealing and sought a monetary refund for the time period that the channels were out of service. DISH’s Digital Home Advantage Plan Agreement and Residential Customer Agreement each contained a provision reserving DISH’s right to change programming lineups at any time without any refund liability. The district court denied DISH’s motion to dismiss. The district court certified the question of a breach of the duty of good faith and fair dealing for interlocutory appeal.

Rule of Law


Holding and Reasoning (Loken, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 458,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 458,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 17,600 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial