ESO Solutions’ motion to strike the class allegations in a consolidated class action complaint (CCAC) involving its September data breach is “premature and meritless,” said the plaintiffs’ memorandum of law Tuesday (docket 1:23-cv-01557) in U.S. District Court for Western Texas in Austin in opposition to ESO’s March 28 motion.

U.S. Magistrate Judge Maria Audero granted plaintiff Damien Sabella’s ex parte application for expedited discovery in his fraud case against 10 John Does in U.S. District Court for Central California in Los Angeles, said her Monday order (docket 2:23-cv-09907).

Coppe Healthcare Solutions failed to state a claim upon which relief may be granted, said defendant Brightsky, parent company to Simplifi, in its answer (docket 2:24-cv-00088) and affirmative defenses to Coppe’s negligence complaint Monday in U.S. District Court for Eastern Wisconsin in Milwaukee.

Here are Communications Litigation Today's top stories from last week, in case you missed them. Each can be found by searching on its title or by clicking on the hyperlinked reference number.

A week before Jacob Wohl and Jack Burkman were to stand trial before a jury on damages for their roles in the robocall campaign to suppress Black citizens' mail-in votes in the run-up to the 2020 election (see 2312040022), they and the 10 plaintiffs in the case against them, including New York Attorney General Letitia James (D), proposed a consent decree Monday (docket 1:20-cv-08668) that would avert that trial.

HP’s claim that it’s entitled to dismissal of an 80-count antitrust and consumer fraud class action depends on "applying pleading standards that have no basis in the law of this circuit," said the response Monday (docket 1:24-cv-00164) in U.S. District Court for Northern Illinois in Chicago from the 11 plaintiffs in opposition to HP's motion to dismiss.

The federal antitrust laws strictly limit who may bring damages claims to only those injured directly by anticompetitive behavior, said T-Mobile’s petition for interlocutory review Monday (docket 24-8013) in the 7th U.S. Circuit Court of Appeals.

The FCC's Oct. 25 declaratory ruling authorizing E-rate funding for Wi-Fi on school buses (see 2312200040) is an "unlawful exercise" of the commission's statutory authority "and may damage American students' health and diminish their educational achievement," said Michigan State University law professor Adam Candeub in a 5th U.S. Circuit Appeals Court amicus brief Friday (docket 23-60641).

Communications Litigation Today is tracking the below lawsuits involving appeals of FCC actions. Cases marked with an * were terminated since the last update. Cases in bold are new since the last update.

Pewaukee, Wisconsin, “repeatedly informed” AT&T of the “problems, difficulties and failures” it had using Simplifi Connect II routers on AT&T’s FirstNet network to communicate with its Supervisory Control and Data Acquisition (SCADA) system, said plaintiff Coppe Healthcare Solutions in its memorandum of law (docket 2:24-cv-00088) in opposition to AT&T’s motion to dismiss a negligence suit.