MINNICK v. CLEARWIRE US LLC

No. 10-35228.

636 F.3d 534 (2011)

Chad MINNICK; Linda Stephenson; Donald Schultz; Stephen Reimers; Corey Jelinski; Victoria Bartley; Christopher Cuhel; Karen Grefsrud; Rita McVicker; Josh Keller; Glenn Reynolds; Eva Girod, on behalf of themselves and all those similarly situated, Plaintiffs-Appellants, v. CLEARWIRE US LLC; Does, 1 through 10, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

March 29, 2011.


Attorney(s) appearing for the Case

Jonathan K. Tycko , Tycko & Zavareei LLP, Washington, DC, for the plaintiff-appellant.

Stephen M. Rummage , Davis Wright Tremaine LLP, Seattle, WA, for the defendant-appellee.

Before: BETTY B. FLETCHER, FERDINAND F. FERNANDEZ and JAY S. BYBEE, Circuit Judges.


ORDER

BY THE COURT:

This case presents an issue of Washington state contract law. We must decide whether the fees that an internet and telephone service provider charges customers who cancel service before the expiration of a fixed-term contract are (a) alternative performance provisions or (b) liquidated damages. No appellate court ruling from Washington to date provides direct guidance on the legality of such fees. Accordingly, we respectfully ask the...

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