Court certifies class action lawsuit against Cox Enterprises

This past week the Western District of Oklahoma certified a class of consumers who had alleged Cox Enterprises violated U.S. antitrust law by requiring premium cable subscribers to rent set-top-boxes.  The case was originally filed in 2009 and in 2011 the court denied certification of a nationwide class.

Plaintiffs’ counsel then filed multiple nearly identical actions across the country asserting claims for a narrower geographic region.

The case was again consolidated in Oklahoma and the parties agreed to proceed first with the case involving the Oklahoma City geographic market.  After conducting a rigorous analysis of the Rule 23 elements for class certification, the Court rejected the defendants’ arguments and found that each element of the plaintiffs’ case could be proven by common evidence.

This case is similar to others pending around the country against cable providers including a case in New Jersey that is pending against Cablevision, a company that provides cable services to the New York metropolitan area.

Keith Dubanevich
Keith is an accomplished trial, appellate, and healthcare lawyer with over 30 years of experience in more than a dozen different jurisdictions around the country. With a focus on complex dispute resolution, with particular emphasis in the healthcare industry, Keith is adept at handling multi-state and international antitrust cases, consumer litigation, and securities disputes. In healthcare, he has handled peer review disputes, partnership and incorporation matters, and billing investigations. Keith has led internal investigations for public entities as well as for not-for-profit organizations. Keith's clients value his keen instincts in court and his ability to delve into complex legal issues while never losing sight of the overall strategy of a case. During his time at the Oregon Department of Justice as Associate Attorney General and Chief of Staff, Keith led the creation of a civil rights unit, managed securities litigation including multiple cases against financial services companies, and supervised antitrust investigations and prosecutions. He was also involved with the adoption of legislation that expanded the Unlawful Trade Practices Act and legislation that imposed a mediation requirement prior to non-judicial foreclosures.


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