United States Ninth Circuit

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Shroyer v. New Cingular Wireless Servs., Inc., 08-55028

In an action claiming that Cingular Wireless, after its merger with AT&T, disregarded its obligations under plaintiff's phone service contract with AT&T by failing to provide adequate service coverage and requiring plaintiff to sign a different contract with defendant if he desired to get the service that AT&T had contracted to provide under the first agreement, and that Cingular misrepresented and omitted key facts about the consequence of the merger to the FCC, dismissal of the complaint is affirmed in part where: 1) "all the advantages that only the nation's largest wireless company can provide" was a vague statement and provided nothing concrete upon which plaintiff could reasonably rely; 2) plaintiff failed to allege that he actually read or heard the alleged misrepresentations; and 3) violations of the common law of unfair competition and breach of contract did not alone violate California's Unfair Competition Law. However, the dismissal is reversed in part where plaintiff's complaint sufficiently stated a claim that Cingular breached its contract with him.

Appellate Information

  • Argued 04/13/2009
  • Submitted 04/13/2009
  • Decided 05/26/2010
  • Published 05/26/2010

Judges

  • Before WILLIAM C. CANBY, JR., JOHNNIE B. RAWLINSON and N. RANDY SMITH, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Robert K. Friedl, Kirtland & Packard LLP, El Segundo, CA; William R. Weinstein, Sanford, Wittels & Heisler, LLP, New York, NY; for the plaintiff-appellant.

  • For Appellees:
  • Steven P. Rice, Crowell & Moring LLP, Irvine, CA, for the defendants-appellees.

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