DirecTV Lawyers Seek 1-Week Delay in 4th Circuit TCPA Appeal

Gibson Dunn lawyers for DirecTV have nearly a dozen “nondelegable deadlines and obligations in connection with other active matters” that will prevent them from filing their opening brief in their Vance v. DirecTV appeal by the Jan. 23 deadline, said their unopposed motion Wednesday (docket 22-2041) at the 4th U.S.Circuit Court of Appeals seeking a one-week extension. Their obligations include drafting an amicus brief in a case on the scope of Section 230 of the Communications Decency Act that's due at the Supreme Court by Jan. 19, said the motion. DirecTV is appealing the U.S. District Court for West Virginia decision certifying the class in a Telephone Consumer Protection Act complaint as including all people in the U.S. who received calls to promote DirecTV on numbers listed on the do not call registry. DirecTV argued unsuccessfully that the district court lacked personal jurisdiction over the claims of class members who were called outside West Virginia, that individualized issues would predominate over class ones, and that the three named plaintiffs were subject to defenses that made them inadequate class representatives.