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Remand Texas Streaming Service Fees Fight to State Court: Judge

Litigation brought by Dallas and other Texas communities against Netflix, Disney and Hulu seeking video service provider franchise fees should be remanded to state court, U.S. Magistrate Judge David Horan said in a recommendation Wednesday (docket 3:22-cv-2071-L) in U.S. District…

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Court for the Northern District of Texas. The suit was filed in August in the 14th Judicial District of Dallas County and removed by the defendants to federal court the following month. Horan sided with the plaintiff communities (see 2211040040) and rejected arguments by the streamers against remand, citing the Supreme Court's Levin v. Commerce Energy decision and its comity doctrine saying federal courts should be restrained from claims for relief that could disrupt state tax administration.