Communications Litigation Today is tracking the following lawsuits involving appeals of FCC actions:
Two more negligence class actions were filed last week against Dish Network in U.S. District Court for Colorado in Denver over the company’s Feb. 23 network outage and resulting data breach.
The Judicial Panel on Multidistrict Litigation “repeatedly rejected” plaintiffs’ primary basis to vacate conditional transfer order 7 (CTO-7) -- that the transferor court should be allowed to rule on questions of fraudulent misjoinder and remand -- “as an insufficient basis to vacate a conditional transfer order.” So said ByteDance Friday, opposing (docket MDL 3047) in U.S. District Court for Northern California plaintiffs Dean Nasca and Michelle Nasca’s May motion to vacate CTO-7 in Social Media Adolescent Addiction/Personal Injury.
The Judicial Panel on Multidistrict Litigation moved with apparent speed in the days before Friday’s release of its order (MDL No. 3073) transferring the 11 class actions arising from T-Mobile’s latest date breach, plus five cases treated as potential tag-alongs, for pretrial consolidation under U.S. District Judge Brian Wimes for Western Missouri in Kansas City.
T-Mobile and seven of its subsidiaries seek “redress” for a “nationwide criminal scheme” to defraud T-Mobile and the subsidiaries “out of an amount believed to be more than $10 million,” alleged a complaint Friday (docket 2:23-cv-04347) in U.S. District Court for Central California in Los Angeles. The case involves educational broadband service (EBS) wireless spectrum in the 2.5-GHz band that the FCC historically has licensed to schools, and T-Mobile leased much of that spectrum from the schools that hold the licenses to build its nationwide cellular and data network.
Dish failed to protect current and former customers’ and employees’ personally identifiable information (PII) from hackers, alleged a class action (1:23-cv-01372) Wednesday in U.S. District Court for Colorado in Denver.
Lane County in western Oregon seeks summary judgment against AT&T’s Oct. 25 complaint alleging the county violated the Telecommunications Act by denying its application to build a 150-foot-tall cell tower with accompanying communications electronics (see 2210260009), said the county’s memorandum of law in support of its motion Thursday (docket 6:22-cv-01635) in U.S. District Court for Oregon in Eugene. The parties “made a good faith effort through personal or telephone conferences to resolve the dispute and have been unable to do so,” it said.
The war of words continued Wednesday between Comcast and MaxLinear over MaxLinear’s decision to terminate the parties’ contracts to support millions of broadband gateways used to provide internet service to Comcast customers (see 2305300045).
The 6th U.S. Circuit Court of Appeals reversed the decision of U.S. District Judge John Adams for Northern Ohio in Akron dismissing plaintiff Matthew Dickson’s Telephone Consumer Protection Act complaint for failure to demonstrate an injury in fact, in a Thursday opinion (docket 22-3394). It remanded the case to the lower court for further proceedings, but declined Dickson’s request for reassignment to a different judge on remand.
Video game developer FunPlus advertises former prices to induce players to act quickly to take advantage of limited-time sale prices, alleged a fraud class action Tuesday (docket 3:23-cv-02667) in U.S. District Court for Northern California in San Francisco.