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Federal
Court Narrows Issues for Trial in DIRECTV Litigation with the
NRTC and Pegasus
El Segundo, CA May 22, 2003 A federal district court judge
in Los Angeles late this afternoon granted significant aspects
of the summary judgment relief requested last fall by DIRECTV,
Inc. in its litigation with Pegasus and the National Rural
Telecommunications Cooperative (NRTC).
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In her ruling, Federal District Court Judge Lourdes G. Baird
rejected the tort claims of Pegasus and the Class of NRTC Members,
establishing that these parties have no right to compensatory
or punitive damages from DIRECTV.
"We are pleased that the court has eliminated the damages
claims asserted by Pegasus and the Class," said Robert
M. Hall, senior vice president and General Counsel, DIRECTV,
Inc. "There has been speculation that Pegasus and the
Class could recover more than $150 million in damages from
DIRECTV on their tort claims. DIRECTV has always believed these
claims lacked merit. The court ruling vindicates that view."
The ruling does not affect DIRECTV's claim for approximately
$50 million in damages against Pegasus arising out of Pegasus'
breach of a joint marketing agreement. That case is still scheduled
for trial on June 3, 2003.
In a related
ruling, the court also granted DIRECTV summary judgment on
its declaratory relief claim that "neither
Pegasus nor the Class have a right of first refusal to have
DIRECTV provide them with any services after their Member Agreements
expire." The court held that "it is undisputed that
the NRTC members, including Pegasus and the Class, are not
named third party beneficiaries to the DBS Agreement between
NRTC and DIRECTV."
"While we have always maintained that there is no ambiguity,
this ruling makes clear that DIRECTV has no contractual obligation
to provide Pegasus or the Class with any services once their
contracts end," said Hall.
The court
also limited Pegasus' and the Class' claims under the unfair
business practices statute, California Business & Professions
Code Section 17200, and reaffirmed that damages are not an
available remedy under the statute. The court rejected Pegasus'
and the Class's attempt to obtain monetary relief under that
statute with respect to premium programming and advanced services.
In addition,
the court narrowed the NRTC's damage claims in the litigation,
holding that the NRTC cannot collect damages
even if it proves a breach by DIRECTV, unless it also establishes
that the breach was willful and intentional, and the product
of a decision by the Board of Directors or a senior officer
empowered to take such action. The court also rejected the
NRTC's claims under California Business & Professions Code
Section 17200 in their entirety.
"We have acted in good faith, in accordance with our
interpretation of the contract," said Hall, "and
we are confident that the evidence at trial will demonstrate
that we have not breached our contract with the NRTC, intentionally
or otherwise."
Trial on the issues remaining in the cases is still scheduled
to begin June 3, 2003, although the court has vacated all pretrial
dates.
The litigation began in 1999, and consists of a number of
separate lawsuits between DIRECTV, the NRTC, Pegasus, and a
Class of NRTC Members. The lawsuits involve disputes over the
nature and extent of rights stemming from a 1992 contract between
DIRECTV and the NRTC that permits the NRTC to distribute certain
services in specified, mostly rural, areas of the United States.
DIRECTV is the nation's leading digital multichannel television
service provider with more than 11.4 million customers. DIRECTV
and the Cyclone Design logo are registered trademarks of
DIRECTV, Inc., a unit of Hughes Electronics Corp. HUGHES
is the world's leading provider of digital television entertainment,
broadband services, satellite-based private business networks,
and global video and data broadcasting. The earnings of HUGHES,
a unit of General Motors Corporation, are used to calculate
the earnings attributable to the General Motors Class H common
stock (NYSE: GMH).
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