T-Mobile Asks Judge to Dismiss AT&T’s False-Ad Complaint
U.S. District Judge Amos Mazzant for Eastern Texas in Sherman should dismiss with prejudice AT&T’s false-advertising complaint against T-Mobile’s BannedSeniors.com campaign for failure to state a claim, said T-Mobile’s answer Friday (docket 4:22-cv-00760). A week earlier, Mazzant denied AT&T’s application for a preliminary injunction to halt the campaign (see 2301190009). AT&T’s claims are barred by the doctrine of unclean hands, said T-Mobile. AT&T also “cannot establish that it has suffered any damages, and its purported damages, if any, are vague, uncertain, imaginary, and speculative,” it said. T-Mobile seeks the recovery of court costs, plus “such other and further relief” as the court deems “just and proper,” it said.