DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
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152901P.pdf 10/04/2016 Neil Stokes v. DISH Network, L.L.C
U.S. Court of Appeals Case No: 15-2901
U.S. District Court for the Western District of Missouri - Jefferson City
[PUBLISHED] [Loken, Author, with Beam and Smith, Circuit Judges]
Civil case - Contracts. Under Colorado law, the subscription agreement
between DISH and its customers, which is comprised of both a Digital Home
Advantage Agreement and a Residential Customer Agreement, is not illusory;
since the subscription agreement is not illusory, the district court erred
in granting plaintiffs monetary relief for service interruptions since
that remedy is unambiguously precluded by the express terms of the
parties' contractual bargain; as a result, plaintiffs failed to state a
claim upon which relief can be granted, and the matter is remanded for
further proceedings consistent with this opinion.