· 4/5/2013
Lansdowne on the Potomac Homeowners Ass'n v. OpenBand at Lansdowne, LLC
Citations
- 713 F.3d 187
- 2013 WL 1364274
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that the hardship prong is analyzed by considering the immediacy of any threat and the burden imposed on a plaintiff
- holding that a homeowners association established the second element of the standing inquiry where “[t]he record is replete with evidence that [the provider’s] exclusivity arrangement caused competing cable providers not to offer [the homeowners association] their services”
- finding that Congress’s decision not to incorporate the APA definition for “order” into the Communication Act “shows that it did not intend for the APA’s limited definition of that term to apply here”
- stating the FCC’s Exclusivity Order provided that “[n]o cable operator … shall enforce or execute any provision in a contract that grants it the exclusive right to provide any video programming service”
- stating the FCC’s Exclusivity Order provided that “[n]o cable operator … shall enforce or execute any provision in a contract that grants it the exclusive right to provide any video programming service”
- relying on record evidence establishing that exclusivity arrangement 31 USCA4 Appeal: 25-1004 Doc: 46 Filed: 03/24/2026 Pg: 32 of 33 caused competing cable providers to not offer services to homeowners’ association to hold that plaintiff established traceability
Source: CourtListener parenthetical corpus (CC0).
Judges: Wilkinson, Motz, Thacker
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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