How to Beat AT&T in Court For Throttling 'Unlimited' Service > Shows small claims court info; not deal with AT&T appeal

reply to openbox9

Re: Shows small claims court info; not deal with AT&T appeal

Yes, and with a new judge, new court, and new defense, the opportunity to establish a ruling in AT&T's favor increases. What other reason is there for AT&T to appeal a $850 judgement?

Most states do not easily grant appeals for small claims court. I believe California is one of maybe 3 (?) states that guarantees an appeal.

In fact California's defacto appeal means the new trial will likely proceed just like the last one as ATT was not required to show any error in order to get the new trial.

I know MA gives the losing party appeal-by-right.

reply to DataRiker
That doesn't answer my question regarding AT&T's motivation to appeal a $850 judgement if it isn't to change the ruling and start putting a lid of other potential litigation.

The motivation is they have a chance to save $850. They'll prevail on appeal in some cases, and lose on others, so overall they will pay less than if they just let the original judgements stand. Unless is goes up to a higher court (at that court's discretion), we're not going to see binding precedent.

reply to openbox9

It is obvious and that's kind of my point

reply to openbox9
Never underestimate the court of public opinion.

reply to vpoko
They'll be pushing the binding arbitration clause in the contracts to get it thrown out of court during the appeals.

After that they just have to cite that one verdict to anyone else who tries in small claims court and they save themselves a lot of money, and get to keep the "unlimited" cash cow going strong.

The contract specifically allows suits in small claims court.

reply to vpoko
Yeah more like the lawyers making the appeal are motivated to take a break from sending cease-and-desist letters to people downloading TV shows, and get some extra money for going to court for AT&T.