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ARTICLE · 19 OCTOBER 2016

The Tenth Circuit Affirmed Decision That Two Putative Class Actions Must Be Arbitrated

In sum, in 2009, several of Cox's premium cable subscribers filed suits against the company for allegedly tying the service to its set-top box rentals.

United StatesLitigation, Mediation & Arbitration

This dispute involves two cable subscribers (Andrew Alwert and Stanley Freedman) who filed putative class actions against Cox Communications Inc. for allegedly tying monthly set-top box payments to its premium cable services.

The background of the dispute can be found here. In sum, in 2009, several of Cox's premium cable subscribers filed suits against the company for allegedly tying the service to its set-top box rentals. The suits were consolidated and transferred to Oklahoma federal court. However, in 2011, the Oklahoma federal court denied the request to certify a national class. Many of the subscribers/plaintiffs then filed putative class actions in several geographic regions around the country (Alwert filed on behalf of Cox subscribers in its New Orleans market and Feldman filed on behalf of Cox subscribers in its Arizona market). The various regional actions were again consolidated and transferred to the Oklahoma federal court. The parties agreed to stay all

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