NY AG Says Hands Clean Complaining About Charter Broadband Speeds
New York state rejected Charter Communications' claim the attorney general had improper intentions complaining about accuracy of the company’s advertised broadband speeds (see 1805010036). New York plans to move to dismiss Charter’s affirmative defense of “unclean hands,” a doctrine that…
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says a party asking for judgment must not have done anything unethical involving the lawsuit's subject, wrote Assistant AG Mihir Kshirsagar in a Monday letter to New York Supreme Court Judge Peter Sherwood in case 450318/17. Kshirsagar responded to Charter’s March 19 filing that said AG "disagreements with the FCC and its desire to regulate beyond the governing federal agency are the real reasons behind the Complaint.” The company "does not challenge the legitimacy of OAG's legal claims or the facts, but rather attacks the State's 'policy decisions,'" the assistant AG said. “The doctrine does not apply to the government's exercise of lawful enforcement authority. … Personal viewpoints or motivations of prosecutors are irrelevant to proving or disproving the allegations.” The operator's claim “would waste resources on a distraction that is entirely irrelevant to the adjudication of whether Charter actually fulfilled its promises to New Yorkers,” he said. AG Eric Schneiderman resigned Tuesday after assault allegations he denied (see the personals section of this publication's issue).