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.)
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