Verdict Dismissal Grounds in Cox Set-top Class-Action Complaint 'Fabricated,' Appellant Says

U.S. District Judge Robin Cauthron in Oklahoma City erred in overturning a $6.31 million jury verdict against Cox Communications for its set-top box rental policies (see 1511130005) when she said the plaintiff had to identify specific competitors wanting to sell set-tops in the Oklahoma City market but didn't because of Cox's tying policy, said class action plaintiffs Richard Healy et al. in an opening brief filed Monday with the 10th U.S. Circuit Court of Appeals. That proof requirement was "fabricated out of whole cloth" and contrary to Supreme Court and 10th Circuit precedent, the plaintiff said. He asked the appellate court to reverse Cauthron's decision giving judgment in favor of Cox and restore the jury verdict. Regardless of the validity of the proof requirement, Healy said, the court record shows substantial evidence of specific competitors excluded from that set-top market because of Cox requiring rental of one of its set-tops to access all Premium Cable content and features. The plaintiff said Cauthron's ruling wrongly disregarded evidence that the plaintiff class had suffered injury in paying $6.31 million worth of "supracompetitive" set-top rental rates. The Healy brief also requested oral argument. Cox didn't comment Tuesday.