U.S. Magistrate Judge Mustafa Kasubhai for Oregon in Eugene denied plaintiff AT&T’s motion for summary judgment against Lane County, Oregon, but granted the county’s motion for summary judgment against AT&T, said the judge’s signed opinion and order Wednesday (docket 6:22-cv-01635). In dismissing AT&T’s case, the judge held that the carrier failed to exhaust its remedies under Oregon’s administrative land use process.Read More >>

The U.S. District Court for Northern California didn’t err by granting summary judgment to Telephone Consumer Protection Act plaintiffs True Health Chiropractic and McLaughin Chiropractic Associates for collectively receiving 13 unsolicited fax ads from McKesson promoting medical software products, said a 9th U.S. Circuit Court of Appeals panel's memorandum Wednesday (docket 22-15732). The district court properly held that McKesson failed to show that the plaintiffs consented to receive faxed ads, it said.Read More >>

Washington state’s argument for taxing federal Lifeline support depends on the Washington Supreme Court agreeing that the Universal Service Administrative Co. is not the U.S. government’s instrumentality, agreed Deputy Solicitor General Cynthia Alexander, representing the state revenue department, at oral argument Thursday. State justices zeroed in on this question -- and practical impacts -- as they weighed whether federal Lifeline funds subsidizing low-income consumers’ phone lines are subject to the state’s retail sales tax.Read More >>

The FTC has failed to state a valid claim that Amazon uses unfair competitive methods for enabling subscriptions and cancellations, said the Computer & Communications Industry Association, NetChoice and the Chamber of Progress in their motion for leave Wednesday (docket 2:23-cv-00932) in U.S. District Court for Western Washington in Seattle to file an amicus brief in support of Amazon’s motion to dismiss. The U.S. Chamber of Commerce, the Interactive Advertising Bureau (IAB) and the Association of Corporate Counsel (ACC) also sought leave Wednesday to file amicus briefs in support of Amazon’s motion.Read More >>

If Iqvia’s purchase of Propel Media (PMI) goes through, the acquisition would “eliminate intense head-to-head competition” between Iqvia’s Lasso division and PMI’s DeepIntent healthcare professional (HCP) programmatic advertising platform, said the FTC’s redacted memorandum of law Thursday (docket 1:23-cv-06188) in support of its motion for a preliminary injunction to block the acquisition on antitrust grounds.Read More >>

The plaintiffs who seek to hold Apple liable for the fraud involving Toast Plus, a third-party app on the App Store, can’t “circumvent” Section 230’s protections through creative pleading, said a amicus brief filed Tuesday in the 9th Circuit U.S…Read More >>