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Chamber, Programmer Offer Cabler Discrimination Arguments to Supreme Court

The 9th U.S. Circuit Court of Appeals' decision to allow a video programmer's racial discrimination claims against Comcast and Charter Communications to go forward (see 1811190023) upsets existing Section 1981 federal rights law and imposes unintended costs and burdens on…

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employers, said the U.S. Chamber of Commerce in a Supreme Court docket 18-1171 amicus brief Wednesday. Opposing Comcast's cert petition, respondents Entertainment Studios Networks and the National Association of African American Owned Media said the law doesn't support Comcast's argument there must be assertions race was the "but-for" cause of its not carrying ESN's content. They have in fact alleged but-for causation, and Comcast is just trying to get the court to review whether the 9th Circuit properly applied what are "now well-settled pleading standards," the respondents said. Responses to Charter's cert petition are due Friday.