Paul Gluckman

Verizon and TracFone Wireless seek the dismissal of Team Marketing Group’s one-count complaint for breach of contract, as the plaintiff fails to state a claim upon which relief can be granted under Federal Rule of Civil Procedure 12(b)(6), said their joint motion Thursday (docket 1:24-cv-20600) in U.S. District Court for Southern Florida in Miami.

U.S. District Judge Michael Watson for Southern Ohio in Columbus reserved ruling in part and denied in part Vivek Ramaswamy’s March 21 and April 1 motions to dismiss Thomas Grant’s Telephone Consumer Protection Act complaint, said the judge’s signed opinion and order Friday (docket 2:24-cv-00281).

T-Mobile moved Wednesday to compel arbitration in an 18-case multidistrict data breach litigation because all the more than three dozen plaintiffs in those actions agreed “on numerous occasions” to arbitrate any claims they may have against T-Mobile, said its motion (docket 4:23-md-03073) in U.S. District Court for Western Missouri in Kansas City. The plaintiffs can’t avoid “their contractual obligations,” it said.

Lingo Telecom, as a simple phone company, doesn’t belong as a defendant in the lawsuit that alleges political consultant Steve Kramer hired robocall broadcaster Life Corp. to send thousands of robocalls two days before the Jan. 23 New Hampshire primary to people they thought were likely Democratic voters, said Lingo’s motion Monday (docket 1:24-cv-00073) in U.S. District Court for New Hampshire in Concord to dismiss the March 14 complaint.

Section 1201(a) of the Digital Millennium Copyright Act “grants the power to a component of Congress,” the librarian of Congress, “to decide who may access works of authorship,” said Benjamin Margo of Wilson Sonsini in oral argument Monday (docket 23-5159) before the U.S. Appeals Court for the D.C. Circuit. He was arguing on behalf of the three plaintiff-appellants challenging Section 1201's constitutionality on First Amendment grounds (see 2311300055).

Montana’s attempt to ban TikTok “is part of a long line of recent efforts by state governments to impose crippling restrictions on businesses that operate over the internet,” said NetChoice’s amicus brief Monday (docket 24-34) in the 9th U.S. Circuit Court of Appeals in support of the plaintiff-appellees -- five individual TikTok users challenging the ban, plus TikTok itself.

With the federal ban on TikTok, Congress has taken the "unprecedented" step of enacting a law that “bars every American from participating in a unique online community with more than 1 billion people worldwide,” TikTok and ByteDance said Tuesday in their petition for review (docket 24-1113) in the U.S. Appeals Court for the D.C. Circuit to invalidate the ban.

NetChoice and Ohio Attorney General Dave Yost (R) filed dueling motions for summary judgment Friday (docket 2:24-cv-00047) in U.S. District Court for Southern Ohio over the state's social media parental notification law. NetChoice’s motion seeks to permanently block the statute on constitutional grounds, while Yost’s motion defends the law as "valid," and argues for its enforcement.

Twenty Republican attorneys general support the 20 industry petitioners asking the 8th U.S. Circuit Court of Appeals to vacate the FCC’s digital discrimination order on grounds it exceeds agency authority and lacks clear congressional intent (see 2404230032). The AGs made their argument in an amicus brief Thursday (docket 24-1179).

The American Civil Rights Project supports the 20 industry petitioners arguing that the 8th U.S. Circuit Appeals Court should vacate the FCC’s digital discrimination broadband rule since it runs afoul of the law and isn’t based on clear congressional intent (see 2404230032), according to the nonprofit’s amicus brief. It was filed Wednesday in docket 24-1179.