Defendant T-Mobile moved for judgment on the pleadings in Craigsville Telephone’s and Consolidated Telephone’s conspiracy suit, which claims T-Mobile inserted fake local ring back tones (LRBT) instead of connecting calls to rural areas with expensive routing fees. In a Friday motion (docket 1:19-cv-7190) in U.S. District Court for Northern Illinois in Chicago, T-Mobile asserted the plaintiffs failed to state a cognizable civil conspiracy claim under state law and that claims for damages should be dismissed. Three of the remaining claims in the case against T-Mobile allege it violated the Communications Act and the fourth – a civil conspiracy claim against T-Mobile and Inteliquent -- alleges the companies “engaged in a scheme to perpetrate call connection issues” for calls originating from cell phones and terminating at landline phones in certain rural locations. The court determined that under Minnesota or Indiana state law, the alleged Communications Act violations don't provide the predicate tort or criminal acts required to state a conspiracy claim, absolving Inteliquent of the civil conspiracy count against it (see 2302100007). The court’s reasoning should be applied to the claim against T-Mobile as well, said T-Mobile’s Friday memorandum of law in support of its motion to dismiss. Without a “cognizable conspiracy claim,” plaintiffs have no claim for which punitive damages may be awarded, and those claims should be dismissed, too, it said. Courts that considered similar claims “have concluded that punitive damages are not available for a Communications Act violation,” said the memo.

Celebrity Lounge in Mobile, Alabama, showed two boxing matches without authorization from commercial distribution rights owner Joe Hand Productions, which had exclusive rights to the matches, said a Wednesday piracy complaint (docket 1:23-cv-00066) in U.S. District Court for Southern Alabama in Mobile. The bar illegally showed Errol Spence Jr. vs. Shawn Porter in September 2019 and Deontay Wilder vs. Tyson Fury II in February 2020, violating the Communications Act, alleged the plaintiff, which seeks statutory damages, attorneys’ fees, interest and legal costs.

Two West Virginia bars illegally showed the Deontay Wilder vs. Tyson Fury II boxing match in February 2020, alleged Joe Hand Promotions, which held exclusive nationwide commercial distribution rights to the event, said Wednesday piracy complaints in U.S. District Court for Northern West Virginia in Clarksburg. Copper House (docket 1:23-cv-00022), in Fairmont, and Bittinger’s Sports Grill, Worthington, (docket 1:23-cv-00020) could have contracted with Joe Hand to buy rights to receive and exhibit the match but chose not to, said the complaints. The distributor seeks a claim for statutory damages of up to $110,000 for violation of the Communications Act, plus attorneys’ fees, interests and legal costs.

Khalil’s Pub & Grill, Shackleford, Arkansas, showed an Ultimate Fighting Championship telecast Feb. 8, 2020, in violation of the Communications Act, alleged Joe Hand Promotions, which had exclusive nationwide commercial distribution rights. In a Friday complaint (4:23-cv-00111) in U.S. District Court for Eastern Arkansas in Little Rock, the distributor alleged the bar pirated the fight, which originated via satellite uplink and was retransmitted to cable and satellite TV companies via satellite signal. The defendant could have bought rights to show the fight for a fee but chose not to, it said. Joe Hand seeks statutory damages up to $110,000 for unauthorized use of communications or up to $60,000 for unauthorized reception of cable service.

Two Texas bars held illegal showings of the Feb. 29, 2020, Mikey Garcia vs. Jessie Vargas boxing championship, alleged G&G Closed Circuit Events, which had exclusive TV distribution rights to the event, said the plaintiff in separate piracy lawsuits Friday. The Henderson Tap House, Dallas, either via satellite transmission or unauthorized receipt over a cable system, “willfully intercepted or received an interstate communication of the event” for commercial advantage and private financial gain, said the complaint (docket 3:23-cv-00310) in U.S. District Court for Northern Texas in Dallas. Similarly, Pecker’s Neighborhood Bar & Grill, Weslaco, Texas, “misappropriated” G&G’s licensed exhibition of the event, said a complaint (docket 7:23-cv-00052) alleging violation of the Communications Act in U.S. District Court for Southern Texas in McAllen. G&G seeks statutory damages, legal costs and expenses, plus reasonable attorneys’ fees.

A Feasterville, Pennsylvania, bar showed a Conor McGregor vs. Donald “Cowboy” Cerrone Ultimate Fighting Championship match without authorization, alleged a Tuesday piracy complaint (docket 8:23-cv-160) in U.S. District Court for Middle Florida in Tampa. Plaintiff Joe Hand Promotions held exclusive public display rights for the Jan. 18, 2020, match and didn’t authorize defendant Hole in the Wall Bar to show the program in its establishment, the complaint said. Individual consumers could stream the match through a legitimate online distributor for noncommercial use, but some commercial locations would buy the program for viewing on a personal device or in a residence, “then proceed to link this device” to the establishment’s TV screens to “unlawfully exhibit” it commercially, the complaint said, citing one of the ways venues pirate sports events. The plaintiff seeks $110,000 for willful violation of the Federal Communications Act, statutory damages of $150,000 for copyright infringement, plus attorneys’ fees and legal costs.

Aces Bar and Grill in Orange, California, showed the Keith Thurman vs. Mario Barrios TV boxing event Feb. 5 without authorization from G&G Closed Circuit Events, which held exclusive nationwide commercial distribution rights, said G&G's complaint Friday (docket 8:23-cv-57) in U.S District Court for Central California in Santa Ana. Defendant Eduardo Martin permitted Aces' employees to unlawfully intercept, receive and show the match in violation of the Communications Act, the Cable & Television Consumer Protection and Competition Act and at least one California statute, said the complaint. The plaintiff is seeking statutory, compensatory, punitive and exemplary damages, plus legal costs and attorneys’ fees.

Pay-per-view company Innovative Sports Management filed piracy complaints against venues in Central and Northern California this week for violation of the Federal Communications Act and The Cable & Television Consumer Protection and Competition Act of 1992, along with a state statute. The complaint (5:23-cv-98) against Toby’s Cafe, San Jose, and employees Javier Perez Ortiz and Gerardo Lopez Rivera, filed in U.S. District Court for Northern California in San Jose, alleges the defendants intercepted and showed a soccer match between Bolivia and Chile in February, despite plaintiff’s exclusive nationwide rights to the match. A Monday piracy lawsuit (docket 2:23-cv-167) against Jose Natividad Marin, Jose Rivera Alvarado and Casa Honduras alleged defendants directed or permitted employees of Casa Honduras to unlawfully intercept and show the Jan. 16 soccer match between Honduras and Colombia, for which plaintiff held exclusive nationwide closed-circuit rights, said the complaint. A Thursday notice of assignment in U.S. District Court for Central California in Los Angeles directed all related Innovative Sports Management cases to District Judge Terry Hatter, and discovery matters that may be referred to a magistrate judge to Magistrate Judge Paul Abrams, said a text entry. In both cases, the plaintiff is seeking statutory damages of $170,000, legal fees and attorneys’ fees, and injunctive relief.

Defendant Augusto Gutierrez “directed or permitted” employees of Arepa’s Colombian Delicatessen in Lawndale, California, to "unlawfully intercept, receive, and publish” a soccer game between Venezuela and Colombia in March, alleged pay-per-view (PPV) event company Innovative Sports Management in a Dec. 28 anti-piracy complaint in U.S. District Court for Central California in Los Angeles (docket 2:22-cv-9379). The unlawful receipt of the PPV event authorized by Gutierrez resulted in boosted food and beverage profits for the deli and direct or indirect commercial advantage, the complaint said, noting Innovative Sports had exclusive nationwide closed-circuit rights to the match. The lawsuit claims Gutierrez violated Title 47 of U.S. Code 605, and it’s seeking damages of $10,000 for each violation, and $100,000 for each willful violation, plus costs and attorneys’ fees.

The American Sports Saloon in New Orleans’ French Quarter gained an unlawful commercial advantage when it willfully intercepted the October 2020 broadcast of the Roman Gonzalez vs. Israel Gonzalez fight and beamed it for patrons on 16 big-screen TVs, alleged G&G Closed Circuit events, which owned the commercial distribution rights to the telecast. The New Year’s Eve complaint (docket 2:22-cv-05592) in U.S. District Court for Eastern Louisiana alleges violations of the Telecommunications Act and seeks $100,000 in statutory damages for each willful breach. Representatives of the establishment didn't respond to queries seeking comment.