Comcast Argues 'but-for' Causation to SCOTUS
The 9th U.S. Circuit Court of Appeals' decision that "but-for" causation doesn't apply to Section 1981 of federal anti-discrimination law (see 1811190023) goes completely against repeated Supreme Court rulings, Comcast said in a docket 18-1171 reply brief last week. It said plaintiffs Entertainment Studios Networks and National Association of African American Owned Media "are playing a shell game" with irrelevant case law. And when but-for causation to the original complaint that Comcast didn't carry ESN content, there's nothing suggesting Comcast was motivated by race. ESN counsel didn't comment Friday.