[Steve Mehs]

A vocal group of EchoStar independent retailers is angry. No surprise. But, in a lawsuit filed in Arapahoe County District Court in Colorado, litigation that continues to gain attention for the company, some retailers are taking their concerns to the gavel.

John DeJong and Joe Kelley, EchoStar retailers based in Florida, have filed a lawsuit against the company in reference to the DBS service's alleged "making unilateral changes in the terms and conditions" of retailer business agreements, competing with indie retailers on the level of "increasing its utilization of national chain retailers," "breaching the covenants of good faith and fair dealing" and a load of other issues.

The suit earned a few paragraphs in EchoStar's second quarter filing sent to the Securities and Exchange Commission. In the August filing, EchoStar said a class certification hearing for the Arapahoe County Court action is scheduled for Nov. 1.

Sources have also revealed that some retailers, specifically members of the DishRetailer.com public forums, have recently been summoned for questioning by a team EchoStar lawyers and the plaintiffs' lead attorney. According to those who've been called upon for questioning, the case has become "very messy."

So, what's the big deal? Find out tomorrow in SkyRETAILER's coverage of the case. Subscribe to the SkyRETAILER e-news to get the facts first on Thursday.

From SkyReport (Used with Permission)

 

[Richard King]

"increasing its utilization of national chain retailers,"

I recall nothing in any contract that I have signed with them saying they would not sign major retailers. I am amazed that it has taken this long for them to do this. I expected to be out of the satellite business for this reason a couple of years ago and am glad that Dish has stood by the independent dealer as long as they have. To claim that there is any reason that this wouldn't happen is totally unrealistic. To claim that signing up RS, Sears, WalMart, etc. is one of the reasons to sue is nuts and won't stand a chance in any court.

 

[Scott Greczkowski]

You may be asking yourself what this lawsuit is about. I got a copy of the lawsuit (its public record) and here it is for you all to view.

It requires Microsoft Word to view it.