Music distributor DistroKid violated its fiduciary duties and its duties of “good faith and fair dealing,” alleged a Wednesday breach of contract class action (docket 1:23-cv-04776) in U.S. District Court for Southern New York in Manhattan. The suit also named artist Raquella “Rocky Snyda” George in a claim for “knowing and material misrepresentations” in her takedown request under section 512 of the Digital Millennium Copyright Act (DCMA).

Google agrees with the May 23 invitation brief of the U.S. solicitor general that the Supreme Court should deny ML Genius’s cert petition for “multiple reasons” (see 2305240008), said Google’s supplemental brief Tuesday (docket 22-121). Genius’s petition was distributed for the justices’ June 22 conference, said a docket entry Tuesday. The case involves Genius, an online platform for transcribing and annotating song lyrics, and its requirement that visitors agree to its contractual terms as a condition for using its services. Those terms include the promise not to reproduce the contents of Genius’ platform.

A California court should decline businesses’ “invitation to thwart the will of the voters by significantly delaying enforcement” of the California Privacy Rights Act (CPRA), said the California Privacy Protection Agency (CPPA). The agency opposed a California Chamber of Commerce lawsuit at the California Superior Court in Sacramento (case 2023-80004106-CV). The 12-month grace period sought by CalChamber "would be a windfall to businesses, to the detriment of consumers,” the agency wrote Monday.

Crown Castle’s infrastructure fight with the city of Pasadena, Texas, is “undisputably a case in which Crown Castle was not providing any telecommunications services at all,” as defined by the Telecommunications Act, said city attorney William Helfand with Lewis Brisbois during oral argument Wednesday before the 5th U.S. Circuit Court of Appeals. Pasadena is asking the 5th Circuit to reverse the district court’s Aug. 2 decision granting Crown Castle summary judgment.

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.

Fitbit fitness trackers are “incapable” of rendering accurate blood oxygen (SpO2) readings for users with dark skin, yet Fitbit conceals that incapability from the buying public, alleged a putative fraud class action Friday (docket 3:23-cv-02753) in U.S. District Court for Northern California in San Francisco.

The “explicit dispute resolution provisions” of the agreement between T-Mobile and plaintiff Bradford Clements require that any dispute be arbitrated through the American Arbitration Association, said T-Mobile’s memorandum Monday (docket 5:22-cv-07512) in U.S. District Court for Northern California in San Jose in support of its motion to dismiss Clements’ May 22 first amended complaint. Clements sued for relief from injuries he alleges he sustained from the eight T-Mobile data breaches he endured during the three years he was a T-Mobile customer before switching carriers.

Protecting medical information and making sure it isn't disclosed to unauthorized entities “is vitally necessary to maintain public trust in the healthcare system as a whole,” said a class action (docket 2:23-cv-00985) Thursday in U.S. District Court for Arizona in Phoenix, alleging multistate healthcare system Banner Health breached its privacy obligations to patients by using tracking technologies on its website.

California Attorney General Rob Bonta (D) can't save the California Legislature’s "handiwork from constitutional scrutiny,” said plaintiffs The Babylon Bee, podcast host Tim Pool, the National Religious Broadcasters and social networking app company Minds, Inc., in a memorandum Monday (docket 2:23-cv-02705) in opposition to Bonta’s motion to dismiss their freedom of speech lawsuit in U.S. District Court for Central California in Los Angeles.

Microsoft will pay $20 million to settle FTC claims the company violated the Children’s Online Privacy Protection Act (COPPA) by collecting kids’ gaming data without parental consent and illegally storing data for years, the agency announced Monday.