Read Clark v. Time Warner Cable, 07-55794

The doctrine of primary jurisdiction permits a district court to refer a claim raising a novel and technical question of federal telecommunications policy to the Federal Communications Commission (FCC) for its consideration in the first instance.

Appellate Information

• Submitted 02/06/2008
• Decided 04/30/2008
• Published 04/30/2008

Judges

• O'SCANNLAIN, Circuit Judge:, Before: ALEX KOZINSKI, Chief Judge, DIARMUID F. O'SCANNLAIN, and WILLIAM A. FLETCHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Stephen Yagman, Yagman & Yagman & Reichmann, Venice Beach, CA, filed briefs for the plaintiff-appellant;  Marion R. Yagman and Joseph Reichmann, Yagman & Yagman & Reichmann, Venice Beach, CA, were on the briefs.


• For Appellees:
  
• Bryan A. Merryman, White & Case LLP, Los Angeles, CA, filed a brief for the defendant-appellee;  Travers D. Wood and Patrick O. Hunnius, White & Case LLP, Los Angeles, CA, and Matthew A. Brill, Latham & Watkins LLP, Washington, DC, were on the brief.