Superior Court Judge Says Cox’s Lawsuit Against Commerce Is a Federal Issue

Superior Court Judge Says Cox’s Lawsuit Against Commerce Is a Federal Issue

Superior Court Judge Brian Stern issued a decision late on Thursday dismissing Cox Communication’s lawsuit against Rhode Island Commerce Corporation.

Stern says this is a matter that should be pursued in federal court.

The legal battle centers around whether RI Commerce Corporation is misspending federal dollars.

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The lawsuit filed by Cox is scathing in its criticism of Commerce Corp and, de facto, its management of the program to distribute more than $108 million of federal money to improve internet speed and access.

The 33-page lawsuit was filed in Providence Superior Court on September 23.

The federal grant to Rhode Island had been announced in June of 2023 by former Rhode Island governor and now Secretary of Commerce Gina Raimondo.

 

Stern's Decision

Stern wrote in his decision that this matter falls under the jurisdiction of the federal government.

“This Court cannot reach the merits of Cox Communications’ claim, but Cox Communications is not left without a remedy. Cox Communications is simply in the wrong court and may pursue a remedy in the United States District Court for the District of Columbia. Based on the foregoing, this case must be dismissed for lack of subject-matter jurisdiction. Commerce Corporation’s counsel shall prepare the appropriate order and separate judgment,” writes Stern.

Cox said in a statement to GoLocal, “We are in receipt of Judge Stern’s decision, and our legal team is reviewing it. That said, we are considering all options at this juncture including filing a claim in federal court. It is important to note that today’s decision does not dismiss our assertions or claims nor have they been litigated.  Today’s decision to dismiss was based purely on jurisdiction.”

Cox may not be done in the legal battle as Stern writes in part of his decision, “Still, the allegations in Cox Communications’ Complaint give this Court pause and, assuming the allegations in the Complaint are true, this Court appreciates Cox Communications’ concerns related to the challenge process and the Rhode Island map. If true, these concerns would mean that funds intended to provide broadband infrastructure to unserved and underserved areas are instead going to be used in areas that already have sufficient broadband infrastructure, and no challenge to that plan was possible.”