Paul Gluckman

T-Mobile’s 2020 Sprint buy “fundamentally changed the structure of the retail wireless market,” causing reduced competition and higher prices, said the seven AT&T and Verizon customer plaintiffs who seek to vacate the transaction on antitrust grounds. Their answering brief Thursday (docket 24-8013) in the 7th U.S. Circuit Appeals Court opposes T-Mobile’s petition for interlocutory review to reverse the district court’s denial of its motion to dismiss their T-Mobile/Sprint challenge for lack of antitrust standing (see 2404090059).

The four plaintiff-appellees who allege that Ford duped them into buying or leasing its vehicles with inoperable 3G modems following AT&T’s “decommissioning” of its 3G network in 2022 should have submitted their claims to arbitration “as provided by the individual arbitration agreements they each entered into,” said the automaker’s opening brief Wednesday (docket 23-3966) in the 9th U.S. Circuit Court of Appeals.

AT&T and Verizon customers seeking to vacate T-Mobile’s 2020 Sprint buy “rest” their antitrust claims against T-Mobile on “a boundless theory of causation,” said CTIA’s amicus brief Monday (docket 24-8013) in the 7th U.S. Circuit Court of Appeals.

Sheila and Dennis Thompson were correct to ask U.S. District Judge Stephen Clark for Eastern Missouri to remand count II of their first amended Telephone Consumer Protection Act complaint against Vintage Stock to St. Louis County Circuit Court where it originated before the home entertainment retailer removed it in January 2023, said Clark’s memorandum and order Tuesday (docket 4:23-cv-00042).

A 3rd U.S. Circuit Appeals Court panel of Judges Michael Chagares, David Porter and Anthony Scirica affirmed the district court's July 18 decision dismissing Andrew Perrong’s Telephone Consumer Protection Act case against the Democratic Committee of Montgomery County, Pennsylvania, for failure to state a claim (see 2308090033), said Chagares’ opinion Wednesday (docket 23-2415).

The FCC is asking the 11th U.S. Circuit Appeals Court to deny the Insurance Marketing Coalition’s April 3 motion to stay portions of its Dec. 18 order implementing rules under the Telephone Consumer Protection Act to target and eliminate illegal robotexts, pending the disposition of the coalition’s appeal to vacate the order (see 2312220059). The commission filed its opposition Monday (docket 24-10277).

Peacock TV and NBC “intentionally designed” their apps to collect and transmit subscribers’ video viewing history and personally identifiable information (PII) to third parties, said Amma Afriyie and Roy Campbell in their memorandum of law Friday (docket 1:23-cv-09433) in U.S. District Court for Southern New York in Manhattan in opposition to the defendants’ motion to dismiss (see 2401220054).

Section 3 of the Federal Arbitration Act (FAA) “unequivocally forecloses” a court’s authority to dismiss rather than stay cases subject to arbitration provisions, said petitioners Wendy Smith, Michelle Martinez and Kenneth Turner in their U.S. Supreme Court reply brief Friday in Smith v. Spizzirri (docket 22-1218).

Carvana seeks the Rule 12(b)(6) dismissal of plaintiff Michael Cribier’s Jan. 12 Telephone Consumer Protection Act class action because the complaint fails to state a claim upon which relief can be granted, said its motion Thursday (docket 3:24-cv-00094) ) in U.S. District Court for Southern California in San Diego.

The U.S. District Court for Eastern Texas in Tyler should deny the State Department’s March 25 motion to dismiss the press censorship complaint brought by Texas Attorney General Ken Paxton (R) and the Daily Wire and Federalist media outlets, said the plaintiffs’ opposition Wednesday (docket 6:23-cv-00609).