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1st Quarter Class Action Litigation Newsletter 2023

Second Circuit directs reduction of excessive service award to class representatives; Third Circuit rules issue preclusion does not bind party who was absent class member; Fifth Circuit affirms ruling granting motion to strike class allegations on predominance grounds, more

Class Action Litigation Newsletter | 1st Quarter 2023 | Insights

Fee? Tax? Missouri city argues both ways to keep DirecTV case in state court

ST. LOUIS (Legal Newsline) - Despite presenting contradictory arguments over whether it was trying to charge a “tax” or a “fee” on video streaming services, the Eighth Circuit Court of Appeals ruled the City of Creve Coeur, Mo., can continue to litigate the question in state court.

Netflix, Hulu Can t Hide Behind Internet Tax Freedom Act in Missouri Fee Fight

Netflix, Hulu Can t Hide Behind Internet Tax Freedom Act in Missouri Fee Fight Courtesy of networks (Logos) As streamers face an escalating battle with American cities over local utility fees, one judge issues a first-of-its-kind ruling as another judge hears First Amendment arguments over the digital transmission of Queen s Gambit and Cobra Kai. If 2020 became the year that American cities, burdened by a health pandemic and desperate to find new revenue, declared war on Netflix and other streamers, the year ended with a potentially important court ruling that suggests that the fight won t be an easy one for streaming services looking to avoid local taxation. In two separate orders, a Missouri judge ruled that townships in her state had alleged facts sufficient to support allegations that Netflix, Hulu and DirecTV were covered by Missouri s Video Services Providers Act and that these defendants couldn t avoid utility fees by holding up the Internet Tax Freedom Act.

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