Stokes v. DISH Network, LLC

DISH Network (defendant) temporarily stopped broadcasting certain Turner and Fox News channels while renegotiating its carriage agreements with those networks; DISH's subscriber agreements expressly reserved its right to change programming lineups at any time without any refund obligation. Neil Stokes (plaintiff) brought a class action on behalf of affected subscribers, claiming DISH's temporary blackout breached the implied duty of good faith and fair dealing and seeking a refund; the district court denied DISH's motion to dismiss and certified the good-faith question for interlocutory appeal.