BREAKING NEWS: Barrett Secures Fifth Circuit Victory in High-Stakes Cable Royalty Case
Member Roy Barrett and Of Counsel Robert Little achieved a major appellate victory in the U.S. Court of Appeals for the Fifth Circuit, reversing a trial court ruling and preserving our clients’ contractual rights in a dispute worth over $20M.
The case traces back to the 1960s, when our clients’ family sold city-issued cable television franchises in Waco, Temple, and McGregor. In return, the cable operator agreed to pay 3% of gross revenues from operations in those cities — a stream of future payments estimated at approximately $2M annually.
In 2016, Charter Communications (Time Warner Cable Texas) stopped making payments, arguing that the obligation ended when the Texas Legislature replaced city-issued franchises with state-issued certificates under the Texas Cable Act. In December 2016, Charter sued for confirmation, with trial beginning August 2018 in the U.S. District Court for the Western District of Texas, and final ruling not delivered until April 2023 in favor of Charter by Judge Yeakel before retiring.
Barrett, working alongside co-counsel at Scott Douglass & McConnico, fought back. The team argued that both the contracts themselves and the Cable Act’s savings clause required Charter to keep paying so long as it continued operating in those cities.
On September 17, 2025, the Fifth Circuit Court of Appeals unanimously agreed that the savings clause preserved the royalty obligations, ensuring Charter must continue honoring its commitments. The case now returns to the district court to address constitutional issues Charter raised but that were never reached because of the trial court’s earlier ruling.
For our clients, the stakes are enormous: roughly $18 million in past-due royalties, millions in attorneys’ fees, and ongoing payments of approximately $2 million per year.
This victory reflects the values of both Naman Howell and its many attorneys including Barrett — entrepreneurial spirit, dedicated persistence, legal mastery, and unwavering commitment to our clients’ best interests. The case also shows our value of teamwork with Naman Howell Attorneys Andy Powell, Joe Rivera, Jordan Mayfield, and others working alongside Jane Webre of Scott Douglass & McConnico, to secure a favorable outcome for the Prewitt family.
At Naman Howell, we don’t just handle disputes — we fight to win, no matter how long the road or how complex the issues. That’s why businesses and individuals alike turn to us for their most challenging cases, and why talented attorneys choose to build their careers here.
For more information about Charter Communications Inc. et al. v. Prewitt Management Inc. et al., feel free to review the attached document.
For more information about Roy Barrett, please visit his website bio HERE.
For more information about Naman Howell legal capabilities, please visit HERE.
