In a June 13, 2014 decision, the Nebraska Supreme Court affirmed dismissal of a lawsuit against Davenport Evans clients WOW! Cable and Knology, Inc. Cable television provider RFD-TV sued WOW! and Knology in Nebraska State Court after WOW! and Knology dropped RFD-TV from Knology’s channel line-up. Davenport Evans argued to the trial court that Nebraska courts lacked jurisdiction to hear the dispute because of an insufficient connection between the forum state and subject matter of the dispute. RFD-TV claimed that an arbitration clause bound the parties to litigate the dispute in Nebraska. The trial court ruled in WOW! and Knology’s favor and dismissed the case.
On appeal, the Nebraska Supreme Court affirmed in a unanimous decision authored by the Chief Justice. The Court agreed with Davenport Evans that RFD-TV had not established the arbitration agreement was binding on WOW! and Knology and that personal jurisdiction over WOW! and Knology was otherwise lacking in Nebraska. Davenport Evans partner Vince M. Roche argued the case in the trial court and in front of the Nebraska Supreme Court and was assisted by Megan Wright of Cline, Williams, Wright, Johnson & Oldfather, LLP of Omaha. The opinion is RFD-TV, LLC v. WildOpenWest Finance, LLC d/b/a WOW! Cable and Knology, Inc., ___ N.W.2d ___ (June 13, 2014).
Davenport, Evans, Hurwitz & Smith, LLP, located in Sioux Falls, South Dakota, is one of the State’s largest law firms. The firm’s attorneys provide business and litigation counsel to individuals and corporate clients in a variety of practice areas. For more information about Davenport Evans, visit www.DEHS.com.