U.S. District Judge Thomas Durkin for Northern Illinois in Chicago granted T-Mobile’s motion to certify for interlocutory appeal to the 7th U.S. Circuit Appeals Court his Nov. 2 denial of the carrier’s motion to dismiss the claims of seven AT&T and Verizon customers seeking to vacate T-Mobile’s 2020 Sprint buy on antitrust grounds (see 2311290042), said the judge’s signed memorandum opinion and order Wednesday (docket 1:22-cv-03189).
Altice’s March 19 reply in support of its motion to dismiss the contributory copyright infringement complaint brought by 54 record labels and music publishers (see 2312080050) repeats “two fundamental errors” from its opening brief that are “fatal to its motion,” said the recording industry’s surreply Tuesday (docket 2:23-cv-00576) in U.S. District Court for Eastern Texas in Marshall in opposition to the motion to dismiss.
Mark Changizi, Michael Senger and Daniel Kotzin seek U.S. Supreme Court review of the 6th U.S. Circuit Court of Appeals' judgment affirming the district court’s finding that they lacked Article III standing to bring First Amendment social media censorship claims against the Department of Health and Human Services, Surgeon General Vivek Murthy and Health and Human Services Secretary Xavier Becerra, said their cert petition Tuesday.
Apple uses anticompetitive practices “to illegally maintain monopoly power over the smartphone market,” plaintiffs Richard Dwyer and Aimen Halim alleged in their class action Monday (docket 5:24-cv-01844) in U.S. District Court for Northern California in San Jose.
Article III ensures that federal courts don’t become forums for venting public grievances, but the complaint alleging that the State Department is running an egregious campaign censoring the right-leaning press “violates that foundational constitutional principle in textbook fashion,” said DOJ’s motion to dismiss Monday (docket 6:23-cv-00609) in U.S. District Court for Eastern Texas in Tyler.
There’s “no solution” for the “core deficiency” in the New York Times’ copyright infringement complaint in that it alleges “not a single real-world instance of someone using the GPT-based products” in a way that violates the Times’ rights or “harms its interests,” said Microsoft’s reply memorandum Monday (docket 1:23-cv-11195) in U.S. District Court for Southern New York in Manhattan in support of its motion to dismiss (see 2403050038).
Former GOP presidential candidate Vivek Ramaswamy opposes Telephone Consumer Protection Act plaintiff Thomas Grant's motion for limited expedited discovery to preserve relevant records of calls that Ramaswamy’s campaign, Vivek 2024, made to Grant and his putative class, said Ramaswamy’s opposition Friday (docket 2:24-cv-00281) in U.S. District Court for Southern Ohio in Columbus.
SolarWinds responded in December 2020 “just as a public company should” when it learned it had suffered an “extraordinarily sophisticated cyberattack” by the Russian government, said the company’s memorandum of law Friday (docket 1:23-cv-09518) in U.S. District Court for Southern New York in Manhattan in support of its motion to dismiss the SEC’s amended securities fraud complaint.
A day after DOJ and the attorneys general of 15 states and the District of Columbia sued to challenge Apple’s alleged monopoly power in the smartphone market (see 2403210042), two class actions were filed Friday in New Jersey and California to address Apple’s allegedly anticompetitive and exclusionary conduct. A fourth action was filed Saturday in California.
Roswell, Georgia, is pushing back against T-Mobile’s resistance to the city’s motion to substitute a new RF engineering expert witness after its previous expert resigned suddenly March 2, saying the job was too stressful (see 2403180002).