Cable Competitor's Suit Under the Cable Act, Plus Title VII Retaliation Action - Civil Rights Law - U.S. First Circuit
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Cable Competitor's Suit Under the Cable Act, Plus Title VII Retaliation Action

San Juan Cable LLC v. Puerto Rico Tel., Co., Inc., 09-1965, concerned a private cable operator's suit against a rival-competitor claiming that the defendant has transgressed section 541(b)(1) of the Cable Act by constructing a cable system over public rights-of-way and providing cable service without having obtained a franchise.  In affirming the district court's judgment in favor of the defendant, the court held that section 541(b)(1) of the Cable Act does not give rise to an implied private right of action, and that a private cable operator lacks standing to enforce prohibitions contained in two FCC rulemaking orders.

Booker v. Massachusetts Dep't of Pub. Health, 09-1082, concerned a plaintiff's suit against her former employer and other individual defendants for retaliation and tortious interference with contractual employment relations.  In affirming a jury verdict in favor of the defendants and district court's denial of plaintiff's post-trial motions, the court rejected plaintiff's claim that the court's jury instruction on the meaning of a "materially adverse action" misstated the legal standard governing her retaliation claim.  The court also held that plaintiff failed to lay a proper evidentiary foundation for a spoliation instruction and therefore the court did not abuse its discretion in refusing to give it.

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