TIME WARNER CABLE, a division of Time Warner Entertainment Company, L.P., Plaintiff-Appellant,
v.
James E. DOYLE, in his capacity as Attorney General of the State of Wisconsin, and Alan T. Tracy, in his capacity as Secretary of the Wisconsin Department of Agriculture, Trade and Consumer Protection, Defendants-Appellees.
United States Court of Appeals, Seventh Circuit.https://leagle.com/images/logo.png
Argued September 22, 1994.
Decided September 25, 1995.
Attorney(s) appearing for the Case
Robert D. Joffe, Stephen S. Madsen, Eric H. Jaso, Stuart W. Gold (argued), Cravath, Swaine & Moore, New York City, Robert H. Friebert, Friebert, Finerty & St. John, Milwaukee, WI, for plaintiff-appellant Time Warner Cable, a division of Time Warner Entertainment Company, L.P.
James D. Jeffries, Assistant Attorney General, Bruce A. Craig (argued), Office of Attorney General, Wisconsin Department of Justice, Madison, WI, for defendant-appellee James E. Doyle, in his capacity as Attorney General of the State of Wisconsin.
Charles D. Hoornstra, Assistant Attorney General, Office of Attorney General, Wisconsin Department of Justice, Madison, WI, for defendant-appellee Alan T. Tracy, in his capacity as Secretary of the Wisconsin Department of Agriculture, Trade and Consumer Protection.
Charles G. Fergus, Office of Attorney General, Chicago, IL, for amicus curiae State of Illinois.
Jack A. Norris, Todd I. Stone, Office of Attorney General, Hollywood, FL, for amicus curiae Multi-State Cable Task Force.
Daniel M. Armstrong, William Kennard, Federal Communications Commission, Washington, DC, for amicus curiae Federal Communications Commission.
Before FERGUSON, RIPPLE and ROVNER, Circuit Judges.
United States Court of Appeals, Seventh Circuit.
RIPPLE, Circuit Judge.
In this appeal, we are asked to determine whether the State of Wisconsin's prohibition of certain negative option billing practices of Time Warner Cable ("Time Warner") is preempted by the federal regulatory scheme. The district court entered judgment in favor of the State. It held that the applicable state statute, Wis.Stat. § 100.20, was not preempted by the Cable Television Consumer Protection and Competition Act of 1992 ("1992 Cable...
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