8th Circuit Says VSPA Suit Not Returning Again to Federal Court
The 8th U.S. Circuit Court of Appeals backed a lower court decision to remand Creve Coeur, Missouri's lawsuit against DirecTV and Dish Network to state court. In a docket 21-3090 decision Thursday, the appellate court said defendant-appellant DirecTV's motion to…
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move the case again to federal jurisdiction based on a state court's 2020 ruling, while "creative," is "without merit." It said that ruling tackled whether the Video Services Providers Act is fee or a tax, but it didn't raise new issues of removability and thus DirecTV has no basis for a second removal -- the case having been remanded from state court to federal court once before. Deciding were Judges James Loken, Duane Benton and Jonathan Kobes, with Loken penning the decision. Counsel for DirecTV didn't comment. The Missouri community is seeking fees from the DBS operators under the state VSPA.