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Byron Allen’s racial discrimination case against Comcast came before the Supreme Court on Wednesday, as some of the justices questioned what a plaintiff has to show in a pleading to survive beyond its initial stages.
At issue is whether Allen’s $20 billion lawsuit should have survived beyond the pleading stage by merely proving that his race was a “motivating factor” in Comcast’s decision to deny carriage of his company’s channels, or whether it was the sole cause, something called “but for” in legalese.
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