Articles Posted in Communications Law

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Plaintiffs filed this class action suit individually and on behalf of employees (and their dependent-beneficiaries) who began working for the State or its political subdivisions before July 1, 2003 and who had accrued or will accrue a right to post-retirement health benefits as a retiree a retiree’s dependent. Plaintiffs alleged that the State, the City and County of Honolulu, and the Counties of Kaua’i, Maui, and Hawai’i impaired Plaintiffs’ accrued retirement health benefits in violation of Haw. Const. art. XVI, 2. Specifically, Plaintiffs claimed that the State and Counties violated their statutory rights under Haw. Rev. Stat. 87 by not providing retirees and their dependents with dental and medical benefits that were substantially equal to those provided to active workers and their dependents. After a lengthy procedural history, the Supreme Court held that Plaintiffs’ accrued retirement health benefits have been diminished or impaired in violation of article XVI, section 2. Remanded for further proceedings. View "Dannenberg v. State" on Justia Law

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Pacific Lightnet, Inc. (PLNI) brought claims against Time Warner, asserting that it had been wrongfully billed by Time Warner for services that it had never received and that it was owed credits to its account from Time Warner based on assets PNLI had purchased, called Feature Group D claims. The circuit court entered judgment for Time Warner on all claims, notwithstanding a jury verdict in favor of PLNI on certain claims. The intermediate court of appeals (ICA) affirmed the circuit court's dismissal of the Feature Group D claims based on the doctrine of primary jurisdiction and vacated the jury verdict on those same claims. PLNI appealed, arguing, inter alia, that the ICA erred in vacating the jury's verdict because it violated the filed-rate doctrine. The Supreme Court affirmed in part, vacated in part, and remanded, holding (1) the circuit court erred in invoking the primary jurisdiction doctrine to dismiss this case; and (2) inasmuch as the filed-rate doctrine applied, the circuit court erred in failing to instruct the jury that Appellant could not recover for any claims involving charges not filed within 120 days of receipt of billing in accordance with the Hawaii Public Utilities Commission and Federal Communications Commission filed tariffs. View "Pacific Lightnet, Inc. v. Time Warner Telecom, Inc." on Justia Law