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Comcast, Charter Discrimination Appeals Set for May 16 Supreme Court Distribution

The Supreme Court will decide May 16 whether to consider related appeals by Comcast and Charter Communications about alleged racial discrimination in their programming decisions (see 1811190023). The court announced Tuesday both cases are to be distributed then (see here…

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and here). In a reply brief Monday, petitioner Comcast repeated its arguments the 9th U.S. Circuit Court of Appeals reversal of a lower court's dismissal of the suit conflicts with other appellate court and Supreme Court decisions about but-for causation and plausibility of claims for relief. But-for causation "remains the 'default' standard today" for Section 1981 federal rights law, Charter said in its reply brief. Outside counsel for respondents Entertainment Studios Networks and the National Association of African American Owned Media didn't comment Wednesday.