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WEST VIRGINIA RECORD

Thursday, March 28, 2024

McGraw drops his fight to keep Comcast suit out of federal court

McGraw

PHILADELPHIA – West Virginia Attorney General Darrell McGraw has dropped resistance to federal jurisdiction over his antitrust suit against Comcast.

On Oct. 2, the U.S. Judicial Panel on Multi District Litigation posted a notice that he withdrew opposition to consolidation with Comcast suits from around the nation.

McGraw's suit now joins others before District Judge Anita Brody of Philadelphia.

The suits claim Comcast improperly tied programming to cable box rentals.

McGraw sued Comcast in Marshall Circuit Court, in association with private lawyers Carl Frankovitch of Weirton and Teresa Toriseva of Wheeling.

Comcast removed the suit to federal court at Wheeling on Aug. 3.

On Aug. 12, the multi district panel conditionally transferred it to Brody.

On Aug. 13, McGraw filed a motion at federal court in Wheeling to remand the suit to Marshall County.

He asked District Judge Frederick Stamp for an emergency hearing to keep the case away from Brody.

McGraw then asked the multi district panel to vacate the conditional transfer.

The panel didn't vacate the order, Stamp didn't hear the motion, and McGraw chose not to force the issue either way.

The transfer automatically terminated the motion for remand to Marshall County.

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