Trade Law Daily is a Warren News publication.

8th Circuit Affirms Dismissal of Streaming Franchise Fees Claim

That Arkansas' Video Service Act doesn't expressly bar municipalities from bringing claims doesn't mean it confers a right for municipalities to do so, an 8th U.S. Circuit Court of Appeals panel said Tuesday, upholding a lower court's dismissal of the…

Sign up for a free preview to unlock the rest of this article

Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.

city of Ashdown's suit seeking video service provider franchise fees from Netflix and Hulu. Judges Steven Colloton, Roger Wollman and David Stras, in a docket 21-3435 opinion inked by Wollman, said it's the state Public Service Commission's right and duty under the VSA to bring a claim. Read as a whole, the VSA's aim is establishing and regulating a statewide franchising system, and recognizing Ashdown's right of action would circumvent that intent, the judges said. Oral argument was in September (see 2209200046).