News & Events

On September 27, 2006, Simpson Thacher won summary judgment in favor of Verizon Communications in a putative consumer class action brought against Verizon under the Federal Communications Act. The plaintiff alleged that Verizon had purposefully provided customers of other local telephone service providers, which use elements of Verizon's network, with poorer service than that given to Verizon's own customers, thereby discriminating against them in violation of the Act. The plaintiff also alleged that Verizon's conduct constituted tortious interference with customers' contracts with other local phone service providers.

In his seventeen-page opinion, Judge Sidney H. Stein of the Southern District found that Verizon presented "overwhelming and uncontroverted documentary evidence" showing that the plaintiff was actually a Verizon customer -- and not a customer of AT&T, as he claimed -- during the period in which he allegedly had problems with his phone service. As a result, Judge Stein explained, the "plaintiff's claims have been based on a false premise" and warranted dismissal.

Judge Stein's ruling comes more than six years after the filing of the initial complaint, during which time the case went to the U.S. Supreme Court -- which dismissed Trinko's antitrust claims based upon some of the same allegations -- and back again to address his separate Communications Act claims. Discovery on remand revealed that Trinko was a Verizon customer throughout the relevant period. The Simpson Thacher team included Hank Gutman, Joe Tringali, Paul Gluckow, Jennifer Rackoff, Francisco Navarro, Lisa Rubin and paralegal Dan O'Neil.