CHARLESTON – Three West Virginia residents had some big legal shoes arguing on their behalf last week in federal appeals court.
Jonathan F. Mitchell, who argued and won two of the biggest cases this year at the U.S. Supreme Court, represented customers of Optimum (formerly known as Suddenlink) before the U.S. Fourth Circuit Court of Appeals.
The oral argument concerned Optimum’s appeal of U.S. District Judge Thomas E. Johnston’s decision to deny Optimum’s motions to compel arbitration of claims brought against Optimum by three West Virginia customers.
Webb
Johnston’s ruling allowed the customers to pursue their claims against Optimum in court rather than arbitration after the court determined Optimum’s arbitration clause was unconscionable and unenforceable.
Charleston attorney Rusty Webb, who successfully obtained the lower court ruling against Optimum, said he was pleased Mitchell agreed to handle the appeal.
Mitchell argued Donald Trump’s successful effort to remain on the presidential ballot in Colorado.
“As a Suddenlink/Optimum customer here in West Virginia, I understand the frustration of dealing with their terrible service, and the stress and frustration we all feel here in West Virginia given most of us have no viable alternative,” Webb said. “Suddenlink/Optimum customers need to come forward and demand improvements or we will continue to suffer the damage attendant to having a substandard network and customer care deliver necessary and life-sustaining services.
“West Virginia consumers deserve the best possible legal representation on this issue, and retaining Mr. Mitchell demonstrates my commitment to provide that.”
Webb said he was happy to be able to get “the best appellate lawyer in the country to argue this case” before the Fourth Circuit in Richmond.
“It’s somewhat ironic that he’s actually pleading a consumer protection ruling,” Webb told The West Virginia Record. “If you go back to Judge Johnston’s order about the arbitration clause in the Suddenlink/Optimum/Altice, he wrote a very good decision as to why that arbitration clause was invalid.
“But, of course, they appealed it. We all briefed it, and John argued it on our behalf. And now the Fourth Circuit will take it under advisement and render a ruling.”
Webb said the legal team handling the matter continues to file new cases.
“We now represent more than 400 clients in seven states,” Webb said. “We understand there are 7.1 million customers in 21 states. There are 130,000 customers alone in West Virginia, and we are encouraging them to contact me to file these claims.”
Webb said some of his clients have been satisfied with settlement offers they’ve received.
“We are getting results,” Webb said. “I can’t go into the numbers, but I can say you are guaranteed a conversation with the highest-ranking tech person in New York.
“About 50 percent of those clients are taking the settlement offers. The others want to take it to arbitration or, if that is voided, I’m ready to take the case to a jury trial.
“And that’s ultimately what we want. We want to take this to a jury and tell them how bad the service is. We have people working out of homes since COVID, and it’s so important for everyone to have good Internet service. But it’s so frustrating when we don’t have it and have to deal with temporary fixes. There is a lot of emotional distress.”