Charter Renews Call for Dismissal of Some Fox News Claims
Fox News Network is right that its affiliation fight with Charter Communications is a contract dispute, which is why any FNN noncontractual claims should be dismissed as duplicative, Charter said in a memorandum of law Thursday in New York State…
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Supreme Court in Manhattan backing its motion to have six of FNN's claims against it dropped (see 1609120005). Charter said FNN's declaratory judgment, implied covenant and indemnification claims seek the same legal determinations and relief as its breach of contract claim. It also said FNN hasn't made a valid claim for fraud or estoppel, and its unjust enrichment claim fails because there's no such claim legally when a contract governs parties' relationships. FNN is suing Charter -- as, separately, is Univision -- over Charter claims the contractual terms the programmers had with Time Warner Cable supersede any contractual fees and terms Charter had with them, now that Charter has purchased TWC (see 1607200065). FNN didn't comment Friday.