Rebecca Day

Plaintiff and Illinois resident Mary Smith filed a consolidated class action (docket 5:23-cv-03527) Monday, following her July fraud action (see 2307170033) against Google in U.S. District Court for Northern California in San Jose. On Friday, she filed an administrative motion to sever and relate Hunt v. Meta Platforms, citing Local Rule 3-12(a) concerning related actions in the same district.

Amazon keeps money owed to its customers who timely followed its return policies by returning purchases directly to the company, or to locations designated by Amazon to return such purchases, alleges a Thursday class action (docket 2:23-cv-01545) in U.S. District Court for Western Washington in Seattle.

The FTC’s motion to strike certain affirmative defenses in its antitrust case to block Iqvia’s Propel Media buy is an “unnecessary distraction in the midst of fast-paced discovery” that’s “without any substantial legal basis,” said defendants Wednesday in a memorandum of law (docket 1:23-cv-06188) opposing the motion in U.S. District Court for Southern New York in Manhattan.

The U.S. Judicial Panel on Multidistrict Litigation (JPML) rejected plaintiff Bruce Bailey’s July motion to transfer 10 actions involving the May MOVEit file transfer software data breach to U.S. District Court for Minnesota, said a Wednesday transfer order (docket 3083) signed by Chair Karen Caldwell. Bailey filed a class action July 5 against MOVEit owner Progress Software Corp. (PSC) and Pension Benefits Information (PBI) (docket 0:23-cv-02028) for breach of contract and other violations as a result of the breach.

Despite its promise of “Guaranteed Delivery,” Amazon sometimes fails to deliver products by the date or time promised, and a refund promised by the guarantee “is not always provided,” alleges a class action (docket 2:23-cv-01529) notice of removal Wednesday from State of Washington Superior Court for King County to U.S. District Court for Western Washington in Seattle.

Robert F. Kennedy Jr. fails to state a plausible claim that Google, “a private company,” engaged in any state action, and his free speech claim under the California constitution is barred by Section 230, said Google’s Tuesday motion to dismiss with prejudice (docket 3:23-cv-03880) Kennedy’s first amended complaint in U.S. District Court for Northern California in San Francisco.

Amazon’s market power over sellers creates “artificially high prices across the web,” alleges a Tuesday antitrust class action (docket 2:23-cv-01523) in U.S. District Court for Western Washington in Seattle. Rather than fostering a free and competitive e-commerce economy, “Amazon chose the path of quick and unfettered profits by unlawfully exercising their monopolistic powers in violation of antitrust law,” it said.

Plaintiff Tiffany McDougall’s argument that she shouldn't be compelled to arbitration in a fraud suit against Samsung because the arbitration agreement is unconscionable “is without merit,” said U.S. District Judge Lorna Schofield for Southern New York in Manhattan in a Tuesday order (docket 1:23-cv-00168).

A fraudulent Best Buy Geek Squad email enabled defendants to defraud Florida husband and wife plaintiffs of $69,335, said their racketeering and fraud complaint (docket 1:23-cv-23756) Monday in U.S. District Court for Southern Florida in Miami. The lawsuit names Zhenzhen Lin, “unknown conspirators,” Bank of America, JPMorgan Chase and Best Buy.

An unknown threat actor placed Christopher Brown’s personal information on the internet via “misappropriated conduct” on PlayStation and Microsoft services while Brown was playing video games, said the Rochester, New York, pro se plaintiff in a fraud complaint Monday (docket 6:23-cv-06566) against Digital Forensics in U.S. District Court for Western New York in Rochester. Brown sought documentation from Digital Forensics that would help him discover information about the threat actor, it said.