Brantley, et al. v. NBC Universal, Inc., et al.
Our attorneys represent NBC Universal, Inc. in Brantley, et al. v. NBC Universal, Inc. et al., a putative class action brought by consumers of television programming against television content providers and cable and satellite distributors.
On October 16, 2009, the Central District of California granted defendants’ motion to dismiss. In ruling on plaintiffs’ motion and defendants’ counter-motion to dismiss the Third Amended Complaint, the court ruled that the vertical agreements between programmers and distributors could not violate Section 1 absent foreclosure of actual or potential competition in the market. Plaintiffs appealed to the Ninth Circuit. The Ninth Circuit affirmed the dismissal in a published opinion on March 30, 2012. Brantley, et al. v. NBC Universal, Inc., et al., 675 F.3d 1192 (9th Cir. 2012). Plaintiffs’ petition for rehearing en banc was denied on May 4, 2012. Plaintiffs’ petition for a writ of certiorari in the US Supreme Court was denied on November 5, 2012.