Latest 2 Cases This Week: In re: IntraMTA Switched Access Charges Litigation (5th Cir.), National Lawyers Guild v. City of Hayward (Cal.)

Not Letting Felons Vote Damages Democracy for All Citizens

AUSTIN SARAT

Austin Sarat— Associate Provost, Associate Dean of the Faculty, and William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College—argues that disenfranchising felons, as most American states do in some way, does substantial harm to everyone in our democracy. Sarat praises a recent decision by a federal district court in Florida striking down a state law requiring people with serious criminal convictions to pay court fines and fees before they can register to vote, but he cautions that but much more needs to be done to ensure that those who commit serious crimes can exercise one of the essential rights of citizenship.

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In re: IntraMTA Switched Access Charges Litigation

Court: US Court of Appeals for the Fifth Circuit

Docket: 18-10768

Opinion Date: May 27, 2020

Judge: Jerry Edwin Smith

Areas of Law: Communications Law

Local exchange carriers (LECs) can assess interexchange carriers (IXCs) access charges when LECs provide IXCs with services that enable the IXCs to exchange wireless-to-wireline calls that originate and terminate within the same Major Trading Area (MTA). In this multidistrict litigation case, IXCs Sprint and Verizon filed suit against hundreds of LECs in various courts. The Fifth Circuit held that, because the LECs filed access charge tariffs with the FCC and state regulators, the filed-rate doctrine requires Sprint, Verizon, and Level 3 to pay those charges. Therefore, the court affirmed the dismissal of Sprint and Verizon's claims for damages and affirmed summary judgment on the LECs' claims and counterclaims. However, the court vacated in part, holding that Sprint and Verizon could be entitled to declaratory relief as to at least some of the LECs. Accordingly, the court remanded the dismissal of Sprint and Verizon's claim for declaratory relief.

National Lawyers Guild v. City of Hayward

Court: Supreme Court of California

Docket: S252445

Opinion Date: May 28, 2020

Judge: Kruger

Areas of Law: Communications Law

The Supreme Court reversed the decision of the court of appeal reversing the judgment of the trial court granting a petition for writ of mandate directing the City of Hayward to refund to a records requester the charges for approximately forty hours its staff spent editing out exempt material from digital police body camera footage, holding that the trial court was correct to disallow the City's charge for time its staff spent responding to the requests. The City claimed that its costs for time its employees spent responding to Plaintiff's requests were chargeable as costs of data extraction under Cal. Gov't Code 6253.9, subdivision (b)(2). The Supreme Court held that the City must bear its own redaction costs because the term "data extraction" does not cover the process of redacting exempt material from otherwise disclosable electronic records.