Legal Opinion

Armando Ybarra v. Dish Network, L.L.C.

Court of Appeals for the Fifth Circuit

Decided October 20, 2015No. 14-11316PublishedCited by 15 opinions

1Opinion of the Court

LESLIE H. SOUTHWICK, Circuit Judge:

Armando Ybarra filed suit against DISH Network, L.L.C. for violations of the Telephone Consumer Protection Act. DISH called Ybarra’s cell phone 15 times to collect an unpaid balance. The district court entered partial summary judgment sustaining Ybarra’s claims regarding seven of the calls. Claims as to the other eight calls were later settled. On this appeal which solely relates to the seven calls, we conclude the district court erred in granting Ybarra’s motion for partial summary judgment. Summary judgment should have been granted to DISH on four of the…

2Cases cited9 opinions

  1. Equal Employment Opportunity Commission v. LHC Group, Inc.Court of Appeals for the Fifth Circuit · 2014
  2. Michael Downey v. State Farm Fire & Casualty Co.Court of Appeals for the Seventh Circuit · 2001
  3. Amstar Corporation v. Southern Pacific Transport Company of Texas and LouisianaCourt of Appeals for the Fifth Circuit · 1979
  4. Castro v. Green Tree Servicing LLCDistrict Court, S.D. New York · 2013
  5. Art Midwest Inc. v. Atlantic Ltd. Partnership XIICourt of Appeals for the Fifth Circuit · 2014

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3Cited by15 opinions

  1. Aranda v. Caribbean Cruise Line, Inc.District Court, N.D. Illinois · 2016
  2. Armata v. Target Corp.Massachusetts Supreme Judicial Court · 2018
  3. New York State Telecommunications Association, Inc. v. JamesCourt of Appeals for the Second Circuit · 2024
  4. Cunningham v. Radius Global Solutions LLCDistrict Court, E.D. Texas · 2020
  5. Davis v. Capitol One Financial Corp.District Court, E.D. Virginia · 2023

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