Tag Archives: Telecommunications

Sixth Circuit Reverses Dismissal of Single-Issue Case, Reminding District Courts that Facts Must be Plausible- Not Persuasive- To Survive a Motion to Dismiss

On Friday, the Sixth Circuit reminded district courts that the pleading requirements articulated by the Supreme Court in Iqbal and Twombly require that facts pleaded be plausible, not necessarily that they be persuasive, to survive a motion to dismiss. In Mediacom Southeast v. BellSouth Telecommunications, Inc., Mediacom challenged AT&T’s right to offer video services over … Continue Reading

Will the Supreme Court Side with the Sixth Circuit and Against the Seventh, Eighth and Ninth Circuits on Telecommunications Monopoly Question?

The Supreme Court will hear oral argument today in the case of Talk America, Inc. v. Michigan Bell Telephone Co. to address, in plain terms, “Whether state utility commissions may require major telephone companies (like AT&T and Verizon) to provide smaller competitors access to certain parts of their network facilities at cost instead of at market rates.”   (See Definition … Continue Reading

Supreme Court Accepts Cert Over Telecommunications Competition Case

The Supreme Court has agreed to resolve a circuit split caused by the Sixth Circuit’s decision in Michigan Bell Telephone Co. v. Covad Comms. Co., No. 07-2469.pdf (consolidated with Isiogu v. Michigan Bell (10-329) for Supreme Court review).  In Michigan Bell, the parties debated the meaning of some of the FCC’s regulations under the Telecommunications … Continue Reading