United States Fourth Circuit

District court's judgment in dispute in which plaintiff claimed that its contract for defendant to provide wire-based communication and video services to plaintiff's homeowners was rendered unenforceable by a subsequent FCC Exclusivity Order is: 1) affirmed in part, where plaintiff failed to allege facts supporting standing in this case; but 2) vacated in part to the extent the district court dismissed the case with prejudice, and remand with instructions to dismiss without prejudice; and 3) affirmed in part as to the district court's denial of attorneys’ fees to defendant because defendant is not a "prevailing party" in this case because a dismissal for lack of standing does not constitute a determination on the merits.

Appellate Information

• Decided 04/05/2013
• Published 04/05/2013

Judges

• MOTZ

Court

• United States Fourth Circuit

Counsel