Residents of Massachusetts might remember that in October 2011, a surprise "nor'easter" swept across New England, downing power lines, closing roads, and -- most importantly -- depriving cable customers of "Sopranos" reruns. A scant month later, four plaintiffs filed a suit in state court against Charter Communications, their cable company, because their cable service was down for nine days.
Charter removed the case to federal court under the Class Action Fairness Act, then moved to dismiss on the grounds that the plaintiffs' case was moot, as they had already received a credit on their bill for the time the service was down. The district court granted Charter's motion to dismiss.
Last week, in Cooper v. Charter Communications, the First Circuit Court of Appeals affirmed class certification, but reversed the district court's motion to dismiss.
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