Sky Angel, Discovery Duel Over Length Limits in Appeal Filings
Sky Angel is at odds with Discovery Communications and Animal Planet over whether the programming distributor should get extra latitude in the length of the opening brief and reply in its appeal of a U.S. District Court in Maryland's 2016…
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decision denying Sky Angel's claims of improper termination of affiliation agreements (see 1609120042). Sky Angel said it challenges numerous errors made by the lower court in four separate decisions and nine-day trial, in a filing (in Pacer) Tuesday in the 4th U.S. Circuit Court of Appeals in support of its motion to exceed length limitations. Those errors -- misapplication of the law in such issues as determining whether Sky Angel's underlying agreement with Discovery was ambiguous and whether Discovery's termination of that agreement was objectively reasonable -- "are manifest over multiple lengthy decisions and a lengthy trial transcript, which need to be explained on appeal." In a filing (in Pacer) Monday in opposition to the motion, Discovery and Animal Planet said the Sky Angel appeal involves "a straightforward breach of contract case" and doesn't warrant departure from the generally applicable world limits.