The first day in court in the Voom HD v. EchoStar Satellite
case went well for Voom, and for AMC Networks, which now holds the assets for
the shut-down programming service, according to analyst Anthony DiClemente of
Barclays Capital.
Voom sued EchoStar for $2.4 billion, charging that the satellite
distributor breached a 15-year contract to carry the suite of HD channels.
DiClemente says three pre-trial motions appeared to go
Voom's way, as Judge Richard Lowe III disallowed an EchoStar witness from
testifying, allowed another EchoStar witness' credentials to be questioned, and
sided with Voom in how adversely the jury will be told to treat evidence rule
destroyed by EchoStar.
Jury selection is expected to begin Thursday, followed by
opening arguments. Charles and James Dolan might testify this week, according to
DiClemente.
"We believe Judge Lowe's rulings represent a small positive
for AMC Networks," DiClemente said in a research report. "We continue to
believe that either a settlement for Voom is the most likely outcome of the
trial."
A settlement could include restored carriage for AMC
Networks cable channels, which have been blacked out on Dish Network since
July. AMC Networks claims that its
channels were pulled by Dish to give it leverage in talks to settle the suit.
