Univision Disputing Charter's Motion to Dismiss
Charter Communications' motion to dismiss Univision's lawsuit (see 1609060069) doesn't rebut or even tackle the core arguments in Univision's complaint, and its arguments against the broadcaster's breach of contract and breach of the implied covenant of good faith and fair…
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dealing are "legally meaningless," Univision said in memorandum of law Friday in opposition to Charter's motion to dismiss. In the filing in New York State Supreme Court in Manhattan, Univision said the breach claims are based on conduct that pre-dates the June 2016 expiration of the programmer's contract with Charter, negating Charter's argument the breach claims are based on an expired contract. Univision also said its breach of contract cause of action isn't premature under the doctrine of anticipatory breach and doesn't seek "speculative" damages. Univision also said Charter mischaracterized its buys of Time Warner Cable and Bright House Networks, breaching its obligation to act in good faith. Univision is suing Charter, claiming license fees in its TWC agreement apply only to the legacy systems and through this year (see 1607080022). Fox News Network brought a similar complaint (see 1607200065). Charter didn't comment Monday.