Pasadena, Texas, seeks the reversal of the 5th U.S. Circuit Appeals Court affirmation of the district court’s judgment that Section 253 of the Telecommunications Act preempts the spacing and undergrounding requirements in the city’s design manual for the installation of small cells and support poles in its public rights of way, said the city’s U.S. Supreme Court cert petition (docket 23-698). The petition was filed Dec. 26 and docketed Thursday, said a clerk's notice Friday.
Though the court is “sympathetic” to Jillane Pope’s “plight” as a victim of text-phishing scammers, “the law is not on her side to recover her losses” from Wells Fargo Bank and JPMorgan Chase, said a report Wednesday (docket 2:23-cv-00086) from U.S. Magistrate Judge Dustin Pead for Utah in Salt Lake City in which he recommends granting the banks’ motions to dismiss Pope’s complaint.
Private research universities like Stanford and their researchers aren’t “state actors” subject to constitutional constraints “just because they speak to the government about their research,” said Stanford’s Dec. 26 amicus brief at the U.S. Supreme Court in support of the petitioners in Murthy v. Missouri (docket 23-411) who seek to vacate the 5th Circuit’s injunction against government involvement in social media content moderation.