FEDERAL JUDGE GRANTS MOTION FOR CLASS CERTIFICATION IN LAWSUIT AGAINST CABLEVISION ARISING FROM FOX TELEVISION BLACKOUT

April 9th, 2014

                                                                                                                                                                                                              April 9, 2014

PRESS RELEASE – FOR IMMEDIATE RELEASE

  In re Cablevision Consumer Litigation

United States District Court for the Eastern District of New York

Civil Action No.: 10 CV 4992 (JS) (AKT)

FEDERAL JUDGE GRANTS MOTION FOR CLASS CERTIFICATION IN LAWSUIT AGAINST CABLEVISION ARISING FROM FOX TELEVISION BLACKOUT

 Last week, a federal court in New York ruled that Cablevision Systems Corporation (NYSE: CVC) and CSC Holdings, LLC’s (collectively, “Cablevision”) customers may proceed with a class action arising from Cablevision’s failure to provide subscribers with any credit in connection with the two-week blackout of Fox Television Network’s programming in October 2010.  The case, In re Cablevision Consumer Litigation, C.A. No. 10-CV-4992, is pending in the United States District Court for the Eastern District of New York.

On March 31, 2014, United States District Court Judge Joanna Seybert granted the plaintiffs’ motion for class certification in the lawsuit against Cablevision.  The class action was brought on behalf of Cablevision’s approximately three million subscribers in the New York, New Jersey and Connecticut broadcasting area, who contracted with Cablevision prior to October 16, 2010, when Cablevision failed to retransmit Fox Television programming for two weeks. Click here for a copy of the Court’s Memorandum and Order.

The Court concluded that plaintiffs met all of the requirements for class certification, rejecting each of Cablevision’s arguments.  Among other things, the Court ruled that Cablevision’s form contract presented common issues of law concerning the customers’ claim to a pro rata credit for the programming interruption. The Court also rejected Cablevision’s argument that provisions in the form contract relating to notice of the loss of programming precluded class certification, noting that Cablevision obviously was aware that it was not broadcasting any Fox Television programs.

In a prior decision, dated March 28, 2012, Judge Seybert rejected Cablevision’s argument that the Fox Television blackout was beyond its control, and denied the motion of Cablevision to dismiss the class action lawsuit.  Click here for a copy of that decision.

The Court ruled that co-lead and liaison counsel to the plaintiffs shall include The Law Office of Todd J. Krouner, in Chappaqua, New York, Stone Bonner & Rocco LLP, in New York, New York, and Chitwood Harley Harnes LLP, in New York, New York.  For further information, please visit www.krounerlaw.com, or contact Todd J. Krouner at (914) 238-5800, Ralph M. Stone at (212) 239-4340, or Gregory E. Keller at (917) 595-4600.

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