Rebecca Day

Fraudulent takedown notices sent to YouTube by Universal Music Group, Sony Music and other labels led to the termination of DJ Erik Mishiyev’s YouTube channel, causing the pro se plaintiff to lose “all his hard work,” alleged Mishiyev's complaint Monday (docket 8:23-cv-01942) in U.S. District Court for Middle Florida in Tampa.

Defendants King and Activision Blizzard’s assertion in their motion to compel mandatory alternative dispute resolution that plaintiff Sorina Montoya agreed to rules requiring her to arbitrate is “wrong for several reasons,” said Montoya’s Tuesday opposition (docket 3:23-cv-00314) in U.S. District Court for Eastern Virginia in Richmond.

T-Mobile and Sprint moved the court Monday to vacate an Aug. 23 award issued to defendant Wireless World. The arbitrator in the case “exceeded her powers, depriving herself of jurisdiction by voiding integral provisions of the operative arbitration agreement,” said the petition (docket 2:23-cv-01337) in U.S. District Court for Western Washington in Seattle. Plaintiffs called the award “completely irrational" and one that "manifestly disregards Washington law."

U.S. District Judge Jacqueline Scott Corley’s July decision to deny the FTC a preliminary injunction to block Microsoft’s acquisition of video game company Activision was “riddled with errors and should be reversed,” said the FTC’s opening brief before the 9th Circuit U.S. Court of Appeals Monday. Microsoft announced the agreement to buy Activision for $68.7 billion in January 2022.

OpenAI will move to dismiss counts II-VI of a copyright infringement complaint, at a hearing Dec. 7 or soon thereafter, said a Monday notice (docket 4:23-cv-03223) in U.S. District Court for Northern California in San Francisco. The notice and memorandum of points and authorities in support of the motion to dismiss address claims brought by authors Paul Tremblay, Sarah Silverman, Christopher Golden and Richard Kadrey.

Gilbert Hale, Linda Hale and Alan Wooten, plaintiffs in Hale v. Genworth Financial, oppose movant Bruce Bailey’s motion to transfer and consolidate all related actions in MOVEit Customer Data Security Breach Litigation and transfer them to the U.S. District Court for the District of Minnesota, said their Thursday filing (docket 3083) before the U.S. Judicial Panel on Multidistrict Litigation.

None of the arguments from three remaining groups of defendants in an FTC robocall case withstands scrutiny, said DOJ’s opposition (docket 3:23-cv-00313) to the three motions to dismiss Wednesday in U.S. District Court for Southern California in San Diego. DOJ sued on the FTC’s behalf in February (see 2302170050) to stop a network of companies and individuals allegedly responsible for delivering “tens of millions” of unwanted VoIP and ringless voicemail phony debt service robocalls to consumers nationwide.

Chargebacks911’s motion to stay discovery pending a ruling on its amended motion to dismiss should be denied, said the FTC and the Florida attorney general in their Aug. 21 opposition (docket 8:23-cv-00796) in U.S. District Court for Middle Florida in Tampa.

Defendants Maximus, a private contractor that provides appeals services for Medicare, along with Progress Software Corp. (PSC), “maintained the private information of millions of individuals in a negligent manner,” said a fraud class action Wednesday (docket 1:23-cv-11939) in U.S. District Court for Massachusetts in Boston.

Some $1,399 worth of SanDisk solid-state disk drives (SSDs) bought by plaintiff Emilio Pousa are “essentially worthless,” and parent company Western Digital didn't compensate him for his losses, said a Tuesday fraud class action (docket 5:23-cv-04281) in U.S. District Court for Northern California in San Jose. Pousa names Western Digital and “Does 1-10,” whose identities and involvement in the wrongdoing at issue will be revealed “if and when they become known,” said the complaint.