Entertainment Studios Fights Charter Push for Reconsideration
Charter Communications hasn't shown substantial grounds for difference of opinion in a controlling issue of law nor that an appeal would advance the ultimate termination of Entertainment Studios Networks' (ESN) complaint, in appealing a denied motion to dismiss. the plaintiff…
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said. In an opposition filed Friday in U.S. District Court in Los Angeles, ESN said Charter's argument (see 1611140044) that the First Amendment bars the claim the cable company was racially discriminatory in not carrying ESN content isn't appropriate for interlocutory appeal because there isn't a full factual record. "Supreme Court case law confirms that Charter does not enjoy blanket immunity under the First Amendment," ESN said. "Charter wants to delay this case by having a 'do over' in the Ninth Circuit." The operator didn't comment Monday.