5th Circuit Upholds Summary Judgment for Dish, Calling Suit Frivolous

Calling the plaintiff's claims "contrary to common sense and good faith ... not supported by record evidence and ... frivolous," the 5th U.S. Circuit Court of Appeals upheld a U.S. District Court in Houston summary judgment in August tossing out a consumer complaint against Dish Network. Texas attorney/plaintiff Larry Polsky sued Dish in 2014, alleging violations of the Texas Deceptive Trade Practices Act. In its ruling Tuesday, the 5th Circuit called the Houston court's analogy "apt" when it said Polsky's lawsuit -- in which he claimed damages because Dish didn't actually monitor his Internet usage in off-peak hours in his service plan, which limited him to 15 Gb per month during off-peak times -- was akin to suing a fast-food restaurant for selling one customer a large fountain drink but then not ensuring other customers don't buy medium cups and get free refills. The 5th Circuit also said Wednesday it agreed with the lower court's logic in rejecting Polsky's Hopper-related claims and claims for relief under Texas Business and Commercial Code. Polsky didn't comment Thursday.