California Court of Appeal

Denial of motion to compel arbitration, filed by defendant satellite television programming company in case brought by subscriber seeking class action status based on allegations that defendant covertly degraded some of its high definition transmissions, is affirmed as the prohibition on class litigation in the arbitration clause of the customer agreement is unconscionable and unenforceable.

Appellate Information

• Decided 09/18/2006
• Published 09/18/2006

Judges

• BOLAND, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Kirkland & Ellis, Michael E. Baumann, Melissa D. Ingalls and Becca Wahlquist, Los Angeles, for Defendant and Appellant., King & Ferlauto, William T. King and Thomas M. Ferlauto for Plaintiff and Respondent.