Dish to Take TCPA Case to SCOTUS
Dish Network asked the 7th U.S. Circuit Court of Appeals to stay its affirmation of a lower court's $280 million verdict for Telephone Consumer Protection Act violations because the company plans to appeal the case to the Supreme Court. In…
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a docket 17-3111 motion Tuesday (in Pacer), Dish said its petition for a writ of certiorari would deal with whether a standard quality-control provision in a business agreement creates an agency relationship, subjecting one company to vicarious liability for the acts of another, and whether a principal can be found to have ratified an agent’s action based on imputed, rather than actual, knowledge. Those issues "have split the circuits, affect companies across many industries, and will undoubtedly recur," Dish said. It said DOJ opposes the stay motion. The 7th Circuit last week rejected a Dish ask for rehearing (see 2006250063).