The Arkansas attorney general's opposition to NetChoice’s motion for a preliminary injunction to block him from enforcing SB-396, the state’s social media age verification law, when it takes effect Sept. 1 (see 2307280019) “confirms the profound First Amendment problems” with the law and the “pressing need” for that injunction, said NetChoice’s reply brief Thursday (docket 5:23-cv-05105) in U.S. District Court for Western Arkansas in Fayetteville.
T-Mobile’s MetroPCS won judgment Friday against the California Public Utilities Commission in a dispute about USF surcharges (case 3:17-cv-05959-JD). "The Court concludes that the CPUC’s 2017 and 2018 resolutions are preempted as applied to MetroPCS because they would impose surcharges on revenues from services that are not subject to surcharge, in violation of federal law,” Judge James Donato of the U.S. District Court for Northern California wrote.
Progress Software Corp. (PSC) and Pension Benefit Information (PBI) “owed duties” to plaintiff Rosemary Mosqueda and class members, said a Tuesday class action (docket 0:23-cv-02278) in U.S. District Court for Minnesota about a May 27 data breach affecting PSI’s MOVEit software.
Apple falsely promoted iOS 15 as improving the performance of older devices like the iPhone 7 and iPhone 7 Plus when in fact it didn’t work at all well on those devices, and the company should have known that, alleged nine iPhone 7 owners in a fraud class action Wednesday (docket 5:23-cv-03882) in U.S. District Court for Northern California in San Jose.
Defendants Meta, Google, Snap and ByteDance “intentionally design” their social media platforms to entice “still developing minors” into spending “ever increasing amounts of time on their platforms,” alleged the Luzerne County, Pennsylvania, district attorney in a Wednesday complaint (docket 3:23-cv-01283) on behalf of the county and commonwealth in U.S. District Court for Middle Pennsylvania in Scranton.
The July 24 letter from Pasadena, Texas, denying Crown Castle’s contentions that the city’s design manual “overtly discriminates” against small-cell technology (see 2307250038) isn’t a proper Rule 28(j) letter because it doesn’t “identify any new legal authorities,” Crown Castle wrote the 5th U.S. Circuit Court of Appeals in a responding letter Wednesday (docket 22-20454). “Even worse, it is incorrect,” it said.
“YouTube applies its Community Guidelines independently, transparently, and consistently, regardless of political viewpoint," emailed Google spokesperson Jose Castaneda Thursday, responding to a freedom of speech lawsuit (docket 3:23-cv-03880) filed Wednesday by Democratic presidential candidate Robert F. Kennedy Jr. in U.S. District Court for Northern California in San Francisco. Kennedy's claims are "meritless and we look forward to refuting them," Castaneda said.
The opposition from plaintiffs Justin Davis and Gary Davis to HP’s motion to dismiss their fraud class action (see 2307030008) fails to address “controlling” 9th Circuit U.S. Court of Appeals precedent, or the guidance provided by the district court’s prior decisions, said HP’s reply brief Tuesday (docket 4:23-cv-02114) in U.S. District Court for Northern California in Oakland in support of dismissal. The plaintiffs allege the defective trackpads in their HP Omen laptops rendered their computers unusable without an external mouse.
Plaintiff Jerome Edmondson, CEO of EDN Global, attempted to avoid written contracts with AT&T when he tried to “plead around” them “by omitting a breach claim and instead asserting a host of tort claims,” said AT&T Tuesday in its memorandum in support (docket 3:23-cv-00355) of its motion to dismiss Edmondson and EDN's amended complaint for failure to state a claim.
Activision Blizzard “lacks sufficient information to admit or deny” that plaintiff Sorina Montoya spent over $3,000 in a Candy Crush tournament -- and so therefore “denies it” -- said the video game company in a Tuesday answer (docket 3:23-cv-00314) to Montoya’s fraud class action in U.S. District Court for Eastern Virginia in Richmond.