Judge Declines To Issue Judgment In XM Contract Suit

Law360, New York (October 1, 2009, 3:15 PM EDT) -- A putative class action accusing XM Satellite Radio Inc. of deceptive business practices for automatically renewing radio subscriptions is moving forward following a federal judge's refusal to issue summary judgment for either party.

Judge Cathy Seibel of the U.S. District Court for the Southern District of New York ruled Wednesday that factual disputes precluded her from granting rival motions for summary judgment filed by XM and New York resident Richard Vaccariello.

Vaccariello alleged that XM was unjustly enriched by automatically renewing his three-year service agreement without...
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