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.
The FCC’s Nov. 20 order, published Jan. 22 in the Federal Register, purports to implement congressional “instruction” to facilitate equal broadband access under the Infrastructure Investment and Jobs Act, but it gives the commission “unprecedented authority to regulate the broadband internet economy,” said the Ohio Telecom Association’s (OTA) petition for review Tuesday (docket 24-3072) in the 6th U.S. Circuit Court of Appeals.
A 9th U.S. Circuit Court of Appeals panel 2-1 decision in Apple's favor in SaurikIT’s antitrust case against the tech giant “modifies what constitutes an overt act,” said the Committee to Support the Antitrust Laws (COSAL) in an amicus brief Monday (docket 22-16527) in support of SaurikIT's petition for rehearing and rehearing en banc (see 2401190065).
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.
Plaintiffs Justin Davis and Gary Davis again failed to adequately plead their claims in a fraud class action over allegedly defective laptop trackpads, said HP’s reply brief (docket 4:23-cv-02114) in U.S. District Court for Northern California in Oakland in support of its motion to dismiss the Davis’ first amended complaint (see 2307030008). The plaintiffs allege that defective trackpads in their HP Omen laptops rendered their computers completely unusable without an external mouse. Plaintiffs again didn’t allege specific facts that would “plausibly support” Article III or statutory standing “or rectify the other myriad shortcomings of their original Complaint,” the reply said. The plaintiffs added only “a handful of new allegations, none of which cure the standing, Rule 9(b), or other deficiencies of their original pleading,” said the brief. Plaintiffs only “pay lip service” to the court’s direction that their amended complaint must identify the “who, what, when, where and how of the misconduct charged,” said the brief. “Instead, they argue that Rule 9(b) effectively requires notice pleading, such that HP need only be provided the barest information necessary to 'defend against the charge that they [sic] induced consumers to believe the Products were functional laptop computers,'” it said.
Sen. Josh Hawley, R-Mo., urged the U.S. Supreme Court to affirm the 5th U.S. Circuit Court of Appeals' decision and interpret the First Amendment “in a manner consistent with the common-law legal principles that anchor the American constitutional framework,” he said in an amicus brief Tuesday (docket 22-555) in support of Texas Attorney General Ken Paxton (R) and the Texas social media law.
The 9th U.S. Circuit Court of Appeals is considering plaintiff-appellant Narciso Fuentes’ appeal against Dish Network for oral argument in May or June in San Francisco, said a text-only docket notice Friday (docket 23-15865). Fuentes is seeking to reverse the district court’s denial of his motion to remand the case to California Superior Court where it originated in March 2016. The case arose out of Dish’s alleged failure to provide cancellation rights disclosures and Spanish-language contracts in connection with its satellite television service agreements (see 2306130017). The monolingual Spanish-speaking Fuentes was a Dish customer when his lawsuit was filed, but he ceased being one in August 2017 and hasn’t resubscribed since. That left him lacking constitutional Article III standing to pursue public injunctive relief against Dish in federal court.
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.
Inmate Calling Solutions (ICSolutions) charged “junk fees” fraudulently itemized as a “tax” to inmates’ families for calls originating from prisons, alleged a class action Friday (docket 2:24-cv-02027) in U.S. District Court for Kansas in Kansas City.
U.S. District Judge John Tharp for Northern Illinois in Chicago must use his “supervisory power” to dismiss the government’s indictment against Hytera Communications for failure to present evidence of trade secrets to the grand jury, said Hytera’s Jan. 11 motion (docket 1:20-cr-00688), originally filed under seal.