Comcast Seeks Arbitration Fight Stay, Plans Cert Petition

Comcast plans a Supreme Court appeal in a legal fight over arbitration provisions, and asked the 9th U.S. Circuit Court of Appeals to stay issuance of a mandate. A motion posted Wednesday (in Pacer, docket 18-15288) said it will ask SCOTUS to look at whether the Federal Arbitration Act pre-empts California's McGill rule, but absent a stay it will litigate rather than arbitrate a subscriber lawsuit over whether it falsely advertised cable TV pricing. Comcast said the district court handling the litigation stayed proceedings pending the 9th Circuit appeal but says it will lift the stay on denial of a petition for rehearing. The 9th Circuit last year rejected Comcast's appeal of a U.S. district court denying the operator's motion to compel arbitration (see 1908120009), and earlier this month rejected Comcast's ask for rehearing en banc. The company said the stay motion is opposed by the plaintiff-appellees. Their counsel didn't comment.