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Creative Solution to Stopping Fox-Bright House Cable War – Sue Them In Court

Phillip Dampier December 31, 2009 Video No Comments

A creative attempt by two Floridians to keep local Fox affiliates from being dropped on Bright House Networks by asking a judge for a temporary restraining order failed late Wednesday when the judge effectively tossed the case on jurisdictional grounds.

Circuit Judge Maura Smith in Orlando initially said she was referring the matter to federal court to determine which court had jurisdiction to issue a temporary restraining order.

“I wish I could make everybody happy,” said the Orange County Circuit Judge.

Orlando attorney John Morgan requested the court order Fox to keep WOFL-TV, Orlando’s Fox affiliate, on the Bright House Networks cable lineup, at least until after the Sugar Bowl.  Morgan filed the case on behalf of two local sports fans Thomas Moore, a fellow attorney and Richard Anderson, the city manager for Apopka, outside of Orlando.

Fox’s own counsel requested Smith send the case to federal court instead, and she agreed.  Later Wednesday, U.S. District Court Judge Gregory Presnell sent the case back to circuit court, where it was effectively tossed out.

The legal arguments were hardly a Perry Mason moment.  Morgan argued football fans would be harmed if the game wasn’t televised on Bright House Networks.  Fox’s attorney argued they could watch with an antenna or drive to a local bar or restaurant televising the game.  That brought a response from Morgan questioning where exactly someone would purchase rabbit ears, and that driving to a local establishment to watch the games could be risky because of increased drunk driving on New Year’s Day.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/WESH Orlando Judge Denies Motion In Bright House Fox Dispute 12-31-09.flv[/flv]

WESH-TV in Orlando reports the judge tossed the case because it would have required her to rule over a private business matter.  (2 minutes)

[flv width=”640″ height=”500″]http://www.phillipdampier.com/video/WOFL Orlando Lawsuits Against Bright House and Fox 12-30-09.flv[/flv]

WOFL-TV in Orlando interviews the plaintiffs outside of court today about their case and goes over the dispute one more time with central Florida viewers. (5 minutes)

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