CITY OF ASHDOWN, ARKANSAS v. NETFLIX, INC.

No. 21-3435.

52 F.4th 1025 (2022)

CITY OF ASHDOWN, ARKANSAS, individually and on behalf of all others, Plaintiff-Appellant v. NETFLIX, INC.; Hulu, LLC, Defendants-Appellees. City of Creve Coeur; Gwinnett County, Georgia; City of Brookhaven, Georgia; Unified Government of Athens-Clarke, Georgia, Amici on Behalf of Appellant(s) DirecTV LLC; DISH Network, L.L.C; Sling TV, L.L.C., Amici on Behalf of Appellee(s).

United States Court of Appeals, Eighth Circuit.

Filed: November 8, 2022.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Justin J. Hawal , of Mentor, OH. The following attorneys appeared on the appellant brief; Adam J. Levitt , of Chicago, IL., Michael Chad Trammell , of Texarkana, AR., Austin Patrick Tighe , of Austin, TX., Anthony K. Bruster , of Southlake, TX., Mark Hamill , of Chicago, IL., and Bradley W. Beskin , of Austin, TX.

Counsel who presented argument on behalf of appellee Netflix, Inc. and appeared on the appellee brief was Gregory G. Garre , of Washington, DC. The following attorneys appeared on the appellee brief; Jennifer H. Doan , of Texarkana, TX., Cole Alan Riddell , of Texarkana, TX., Jean A. Pawlow , of Washington, DC., Peter E. Davis , of Washington, DC., Mary Rose Alexander , of Chicago, IL., and Robert C. Collins III , of Chicago, IL.

Counsel who presented argument on behalf of appellee Hulu, LLC and appeared on the appellee brief was Victor H. Jih , of Los Angeles, CA. The following attorneys appeared on the appellee brief; Melissa R. Smith , of Marshall, TX., Andrew "Tom" Thompson Gorham , of Tyler, TX., Russell Kostelak , of Los Angeles, CA., Caleb Graves , of Los Angeles, CA., and Ryan Benyamin , of Los Angeles, CA.

The following attorneys appeared on the amicus brief of City of Creve Coeur, Missouri, Gwinnett County, Georgia, City of Brookhaven, Georgia, Unified Government of Athens-Clarke County, Georgia in support of the appellant; Steven M. Berezney , of Saint Louis, MO., and Garrett R. Broshuis , of Saint Louis, MO.

The following attorneys appeared on the amicus brief of DirecTV, LLC in support of the appellees; John P. Jett , of Atlanta, GA., Ava J. Conger , of Atlanta, GA., K. Bradford Sears , of Atlanta, GA., and Adam H. Charnes , of Dallas, TX.

The following attorneys appeared on the amicus brief of DISH Network, L.L.C. and Sling TV, L.L.C. in support of the appellees; Jared R. Butcher , of Washington, DC., Pantelis Michalopoulos , of Washington, DC., and Matthew R. Friedman , of Washington, DC.

Before COLLOTON, WOLLMAN, and STRAS, Circuit Judges.


The Arkansas Video Service Act of 2013 (VSA) establishes a statewide franchising scheme for authorizing video service providers to provide services in political subdivisions within the state. Providers may either negotiate franchises with individual political subdivisions or obtain a certificate of franchise authority from...

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