Allen filed a $20 billion lawsuit against Comcast in February 2015, arguing that the nation’s largest cable operator was discriminating against his company, Entertainment Studios, by refusing to carry its seven lifestyle cable channels. Comcast maintained the decision was made strictly on business grounds because of the lack of audience demand for Allen’s channels.
Allen’s case was dismissed by three lower courts. In 2018, the Ninth Circuit Court of Appeals reversed that decision, ruling that it only needed to demonstrate that race was a factor in Comcast’s decision-making on Entertainment Studios’ channels, not the sole reason for declining to carry the channels.
Miguel Estrada of Gibson, Dunn & Crutcher will argue the case on behalf of Comcast. Erwin Chemerinsky, dean of Berkeley Law and Louis “Skip” Miller of Miller Barondess will argue for Entertainment Studios and the National Association of African American Owned Media, an organization started by Allen. Entertainment Studios also has a case pending against Charter Communications, which is not part of Wednesday’s hearing.
“A plaintiff need only submit evidence that raises an inference of discrimination; it is enough to allege and present a prima facie case that race was a motivating factor in the refusal to contract,” Allen wrote in a September filing to the high court. “Once a plaintiff does that, the burden shifts to the defendant to submit evidence that it was motivated by race-neutral reasons. Only then is a plaintiff required to negate those reasons.
Allen’s case has spurred interest on Capitol Hill. Earlier this week, U.S. Rep. Bobby Rush sent a letter to Comcast chairman-CEO Brian Roberts asserting his view that Comcast needs to be “broken up” in part because of its long-running dispute with Allen.
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