The arguments that the FCC and AT&T raise in Duke Energy’s petition for review of the FCC’s November order denying the company reconsideration in a pole attachment rate dispute with AT&T (see 2211290053) “reinforce” that the FCC shouldn’t “assert jurisdiction" over the rates AT&T pays Duke where it lacks jurisdiction over the rates Duke pays AT&T, said Duke’s reply brief Monday (docket 22-2220) at the 4th U.S. Circuit Court of Appeals.

Communications Litigation Today is tracking the following lawsuits involving appeals of FCC actions:

Several parties filed responses Friday in opposition to consolidation and transfer in MOVEit Customer Data Security Breach Litigation (docket 3083) resulting from Progress Software's May data breaches in which the data of over 15 million individuals was reportedly accessed (see 2307120053).

ChatGPT owner OpenAI sued Open Artificial Intelligence and its president, Guy Ravine, to stop the company from “confusing the missions of users of OpenAI’s products into mistakenly believing” the defendants have any connection to, association with or sponsorship by OpenAI, “when, in fact, there is none,” said a complaint Friday (docket 3:23-cv-03918) in U.S. District Court for Northern California in San Francisco. Ravine, a resident of San Francisco, “holds himself out as the president of Defendant Open Artificial Intelligence, Inc.,” said the complaint. Open Artificial Intelligence couldn’t be reached for comment.

The 9th U.S. Circuit Appeals Court’s “discretionary decision” to stay its own mandate pending Apple’s forthcoming cert petition at the U.S. Supreme Court applied “the correct legal standard” and doesn’t warrant SCOTUS “intervention,” said Apple’s response Friday (docket 23A78). It was answering Epic Games’ July 25 emergency application asking Justice Elena Kagan to vacate the stay (see 2307280011).

The “historic” injunction imposed July 4 by U.S. District Judge Terry Doughty for Western Louisiana in Monroe (see 2307050042) “put a stop to an egregious campaign” in which dozens of Biden administration officials “insinuated themselves into the content-moderation decisions of social-media platforms to silence disfavored viewpoints,” said the plaintiffs’ opposition Friday (docket 23-30445) in the 5th U.S. Circuit Court of Appeals to the government’s motion to stay the injunction (see 2307250002).

The Pasadena, Texas, design manual imposed burdensome requirements on Crown Castle’s small-node networks, and was “part of the battle” between telecommunications providers that are trying to expand 5G wireless services “and municipalities that are resisting that expansion,” said Friday’s decision (docket 22-20454) at the 5th U.S. Circuit Court of Appeals affirming the district court’s ruling in Crown Castle’s favor (see 2308060001).

Security vulnerabilities that enabled Progress Software Corp.'s (PSC) May data breach existed as far back as 2021, said plaintiffs’ Kim Siflinger of Washington and Randy Kiyabu of California in a Thursday fraud class action (docket 1:23-cv-11782) against PSC and Pension Benefit Information (PBI) in U.S. District Court for Massachusetts in Boston.

AT&T and DirecTV reported, and continue to report, a noncustomer to credit reporting agency Experian for nonpayment of bills he doesn’t owe, alleged plaintiff John Gerling in a Thursday fraud lawsuit (docket CL-23-3024) in Texas County Court in Hidalgo.

Charter Communications calls consumers nationally to promote its Spectrum TV and internet bundles, using prerecorded messages to people who didn’t provide their prior express written consent to receive them, or whose numbers are listed on the national do not call registry, alleged plaintiff George Morris’ class action Friday (docket 3:23-cv-01741) in U.S. District Court for Northern Texas in Dallas. Morris seeks “redress for all persons injured” by Charter’s conduct, it said.