The 11th U.S. Circuit Appeals Court granted appellant Mark Walters' motion to remand his case to the Northern District of Georgia for an explanation about why it denied him reimbursement of the costs and fees he incurred in challenging OpenAI’s removal of his defamation case to federal court (see 2312110008), said its opinion Monday (docket 23-13843). Walters has said he incurred “significantly increased costs” as a result of OpenAI’s questionable removal of his case to federal court. Walters, a nationally syndicated talk show host, alleges OpenAI’s ChatGPT service defamed him to a reporter (see 2307240031). Walters argued that the district court failed to provide an explanation or analysis for its denial of costs and fees, which left the 11th Circuit with no means of reviewing whether the district court abused its discretion.
The U.S. District Court for Virginia’s Oct. 26 ruling dismissing Hanan Elatr Khashoggi’s privacy case against NSO Group Technologies and Q Cyber Technologies for lack of subject-matter jurisdiction was “in error,” said Khashoggi's opening brief (docket 23-2234) in the 4th U.S. Circuit Court of Appeals Monday.
Since AT&T announced Saturday that “data-specific fields” were part of a data set involving 7.6 million current and 65.4 million former customers released on the dark web March 16, nine negligence class actions have been filed in U.S. District Court for Northern Texas in Dallas, including five by Kendall Law.
Though OnStar “ostensibly provides” Wi-Fi and location information for emergency services in case of an accident, customers were not aware the subscription in-vehicle security and communications service was “tracking data points about their driving” and sending it to their auto insurance companies to justify a rate increase, said a privacy class action (docket 2:24-cv-10804) Friday in U.S. District Court for Eastern Michigan in Detroit.
General Motors, OnStar and LexisNexis Risk Solutions secretly collect consumers’ driver behavior data through vehicle computer systems and sell that data without consumers' full notice, knowledge or consent, alleged a Fair Credit Reporting Act (FCRA) class action Wednesday (docket 3:24-cv-00524) in U.S. District Court for Middle Pennsylvania in Scranton.
U.S. District Judge Thomas Durkin for Northern Illinois in Chicago granted T-Mobile’s motion to certify for interlocutory appeal to the 7th U.S. Circuit Appeals Court his Nov. 2 denial of the carrier’s motion to dismiss the claims of seven AT&T and Verizon customers seeking to vacate T-Mobile’s 2020 Sprint buy on antitrust grounds (see 2311290042), said the judge’s signed memorandum opinion and order Wednesday (docket 1:22-cv-03189).
Roswell, Georgia, is pushing back against T-Mobile’s resistance to the city’s motion to substitute a new RF engineering expert witness after its previous expert resigned suddenly March 2, saying the job was too stressful (see 2403180002).
The district court “correctly reviewed” and upheld AB-587, California’s social media disclosure law, under the U.S. Supreme Court’s 1985 decision in Zauderer v. Office of Disciplinary Counsel, said an amicus brief Wednesday (docket 24-271) at the 9th U.S. Circuit Court of Appeals from the Democratic attorneys general of 17 states and the District of Columbia.
Sinclair, operator of TennisChannel.com, uses a “wide array of extremely sophisticated tracking technology” that collects its subscribers’ personally identifiable information (PII) and viewing history, and “knowingly discloses” that to third-party analytics and advertising providers, alleged plaintiff Tracy Hyman’s Video Privacy Protection Act class action Monday (docket 2:24-cv-02168) in U.S. District Court for Central California in Los Angeles.
Calling Internet Archive’s controlled digital lending (CDL) an “industrial infringement program,” four publishers said in a Friday appellee brief (docket 23-1260) in the 2nd U.S. Circuit Appeals Court that IA “obtains physical copies of millions of in-copyright books, scans them without authorization in offshore scanning centers, and distributes the resulting ebooks online, where they can be read in full by anyone in the world without any payment to the copyright owner.”