United States Eighth Circuit

In an action against defendant-company and its sole officer/shareholder alleging that they had violated the Cable Communications Policy Act and injured Comcast by illegally distributing cable descramblers, summary judgment and an award for Comcast are affirmed as: 1) Comcast's action was not time-barred; 2) the district court properly found there was no genuine issue of fact as to whether defendants possessed the requisite intent regarding the descramblers' use, and properly granted summary judgment; 3) there was no abuse of discretion in a denial of a motion for a continuance; 4) calculation of actual damages was proper, as was a statutory enhancement; and 5) individual liability was properly imposed on defendant-officer.

Appellate Information

• Decided 06/29/2007
• Published 06/29/2007

Judges

• MURPHY, Circuit Judge., Before MURPHY, HANSEN, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Counsel who presented argument on behalf of appellant was Theresa Phelps, St. Louis, MO.   Also appearing on the brief was John J. Gazzoli, Jr., St. Louis, MO.


• For Appellees:
  
• Counsel who presented argument on behalf of appellee was Jeffrey R. Platt, Lisle, IL.