The U.S. Supreme Court has presumed that enforcement of arbitration agreements is beneficial, resulting in dispute resolution at lower cost and with faster results, but many Americans are also facing "greater unfairness" in the arbitration process, said the American Association for Justice in an amicus brief Monday (docket 22-1218) in support of neither party in Smith v. Spizzirri.
Charter Communications hires call center vendors that it calls “resellers,” based mostly overseas, who run afoul of the Telephone Consumer Protection Act when they sell Spectrum cable and internet services to consumers without Charter's supervision, alleged Frank Novak’s complaint Thursday (docket 2:24-cv-10581) in U.S. District Court for Eastern Michigan in Detroit.
A 4th U.S. Circuit Appeals Court panel improperly vacated a jury’s damages award despite defendant Cox Communications’ uncontested waiver of its challenge to that award, and without explaining why it was excusing that waiver, said more than four dozen record labels and music publishers in a petition Tuesday (docket 21-1168) for rehearing or rehearing en banc.
When a court compels arbitration, the Federal Arbitration Act's text and structure require the court to stay the judicial action pending the outcome of the arbitration whenever a party requests a stay, said the U.S. Chamber of Commerce in a U.S. Supreme Court amicus brief Monday (docket 22-1218) in support of neither party in Smith v. Spizzirri.
The parties in four shareholder derivative lawsuits against Verizon and its officers and board members for allegedly duping investors over the company’s ownership of toxic lead cables (see 2310130045) agree that the cases “should be consolidated for all purposes, including pre-trial proceedings and trial,” said their stipulation and proposed order Tuesday (docket 3:23-cv-21123) in U.S. District Court for New Jersey in Trenton.
The U.S. Supreme Court should reject Ambassador Animal Hospital's Nov. 20 cert petition to reverse the 7th U.S. Circuit Court of Appeals decision affirming the district court’s dismissal of Ambassador’s Telephone Consumer Protection Act complaint, said respondent Elanco’s brief Friday (docket 23-552) in opposition to the petition.
The Republican attorneys general of Missouri and Louisiana, plus five individual social media users, are asking the U.S. Supreme Court to “rewrite” the constitutional boundary between the public and private sectors by affirming the 5th U.S. Circuit Appeals Court’s “sweeping and unprecedented” social media injunction against Biden administration officials (see 2309110001), said DOJ’s reply brief Monday in Murthy v. Missouri (docket 23-411). Oral argument is March 18.
The New York Times Co.'s copyright infringement challenge to Microsoft’s large language models (LLMs) for AI (see 2312270044) harkens back to the entertainment industry’s alarmist reaction to the VCR, said Microsoft’s memorandum of law Monday (docket 1:23-cv-11195) in U.S. District Court for Southern New York in Manhattan in support of its motion to dismiss three claims of the Times’ complaint.
The district court erred in concluding that TikTok and its individual users were likely to prevail on the merits of their First Amendment, supremacy clause and commerce clause challenges to SB-419, Montana’s statewide TikTok ban, said Attorney General Austin Knudsen’s (R) opening brief Friday (docket 24-34) at the 9th U.S. Circuit Appeals Court. He's seeking to reverse the injunction that blocks him from enforcing the ban (see 2312010003).
Petitioners Wendy Smith, Michelle Martinez and Kenneth Turner are asking the U.S. Supreme Court to reverse the 9th U.S. Circuit Appeals Court’s affirmation of the district court’s dismissal of their case after compelling their claims to arbitration, saying the case “presents an important question of statutory construction under the Federal Arbitration Act.” Their opening brief was filed Feb. 26 (docket 22-1218).