Fox News Pushes Back on Charter Motion to Dismiss in Affiliation Row
Charter Communications' agreement with Fox News Network was expressly clear that it would be the surviving contract if and when Charter bought a system operator like Time Warner Cable, FNN said in a filing Thursday in New York State Supreme…
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Court in Manhattan in opposition to Charter's motion to dismiss part of an FNN lawsuit (see 1609120005). The only caveat was contractual terms about anything to the contrary in prior agreements, such as FNN's contract with TWC, but no such language was in that FNN-TWC deal, the cable programmer said. FNN said Charter arguments to dismiss its declaratory judgment, good faith and fair dealing breach of contract, unjust enrichment, indemnity, estoppel and fraud claims are particularly indefensible in the pre-discovery phase of the proceedings. It said dismissing the claims wouldn't have any practical effect on discovery since Charter didn't move to dismiss FNN's breach of contract cause of action so discovery would remain the same. The cable operator didn't comment Friday.