DC Circ. Skeptical Of Dish's Challenge To FCC Guidance

Law360, New York (January 13, 2014, 4:25 PM EST) -- Dish Network LLC appeared unable to persuade the D.C. Circuit on Monday to strike down Federal Communications Commission guidance on applying common-law principles to the Telephone Consumer Protection Act, while one minute into his oral argument the panel told the FCC's attorney to quit while he was ahead.

A three-judge panel pressed Dish Network attorney Samir C. Jain of WilmerHale on the court's ability to knock down the FCC's discussion of common-law TCPA interpretation found in a May declaratory ruling, saying the circuit court's case law...
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