Bloomberg Law’s combination of innovative analytics, research tools and practical guidance provides you with everything you need to be a successful litigator.
By Perry Cooper
June 28 — Unhappy AT&T Mobility LLC customers June 27 won the chance to file an immediate appeal of a court decision requiring them to arbitrate a dispute over the terms of their mobile phone service ( Roberts v. AT&T Mobility LLC, 2016 BL 205337, N.D. Cal., No. 15-3418, 6/27/16 ).
The customers filed a class action alleging that AT&T failed to disclose conditions limiting its “unlimited” wireless service plans.
In April, AT&T successfully moved to compel arbitration under the customers' service contracts. The district court rejected the plaintiffs' argument that enforcing the arbitration agreements violated their First Amendment right to petition a court for redress of their grievances.
The court found that the plaintiffs failed to show the requisite state action to support a First Amendment claim.
But on second look, the district court found that the plaintiffs' arguments that a court's enforcement of a private agreement between private actors could constitute state action.
“There are novel and difficult questions that justify presenting them to the Court of Appeal for consideration on an interlocutory basis, especially as their resolution may materially advance ultimate termination of this litigation,” Judge Edward M. Chen of the U.S. District Court for the Northern District of California wrote June 27.
The U.S. Court of Appeals for the Ninth Circuit still has to agree to permit the appeal.
Lieff Cabraser Heimann & Bernstein LLP; Wolf Haldenstein Adler Freeman & Herz LLP and others represented the plaintiffs.
Mayer Brown LLP represented AT&T.
To contact the reporter on this story: Perry Cooper in Washington at firstname.lastname@example.org
Copyright © 2016 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)