The U.S. District Court for Southern New York in Manhattan should deny the “misguided” and “baseless” motion of Amazon third-party seller Shenzhen Zongheng Domain Network to remand its petition to vacate a $508,000 arbitration award in Amazon’s favor to New York Supreme Court where the petition originated (see 2305080023), said Amazon’s memorandum of law Monday (docket 1:23-cv-03054) in support of its opposition.

Massachusetts Gov. Maura Healey (D) and Department of Public Health (DPH) Commissioner Robert Goldstein, substituting for Margret Cooke, whom he succeeded in April, filed Monday a motion to dismiss (docket 3:22-cv-11936) as “moot” and for failure to state a claim the first amended complaint for declaratory and injunctive relief in a November privacy lawsuit (see 2211250008). Defendants' motion in U.S. District Court for Massachusetts in Springfield also requested oral argument.

The U.S. Supreme Court should deny the cert petition of ML Genius to review the 2nd Circuit U.S. Court of Appeals’ March 31 decision dismissing its breach-of-contract claim against Google because the Copyright Act preempts the claim, said Solicitor General Elizabeth Prelogar in an amicus brief Tuesday (docket 22-121). SCOTUS invited the solicitor general in December to file a brief expressing the views of the U.S. (see 2212130030), and Prelogar told the court Tuesday that further review isn’t “warranted.”

Avid Telecom “operates in a manner that is compliant with all applicable state and federal laws and regulations,” said the company in a statement Tuesday responding to the robocalling lawsuit filed earlier the same day by 48 states and the District of Columbia. The complaint alleges violations of the Telemarketing and Consumer Fraud and Abuse Prevention Act, the FTC's Telemarketing Sales Rule (TSR) and the Telephone Consumer Protection Act.

The U.S. Supreme Court shouldn’t grant certiorari in administrative law case SEC v. Jarkesy because the SEC and the U.S. solicitor general produced scant evidence the 5th U.S. Circuit Court of Appeals ruling should be overturned, said the respondents in a brief Tuesday. The case could have implications for federal agencies that use administrative law judges, including the FCC, attorneys and academics told us. “Pity the president who resolves to fire an ALJ and quickly encounters these multiple barriers that make it all but impossible to command his own subordinates,” said the respondent brief.

T-Mobile’s motion to dismiss a fraud suit involving an alleged SIM swap uses a “kitchen-sink approach to avoid liability,” said plaintiff Eman Bayani, responding Monday (docket 2:23-cv-00271) to T-Mobile’s April 24 motion to dismiss (see 2304260067) in U.S. District Court for Western Washington in Seattle.

Meta Pixel Healthcare Litigation plaintiffs’ submission in support of Meta’s motion to sever claims against it in the Doe v. Hey Favor privacy lawsuit “adds nothing new” and “merely reiterates arguments” Meta previously made or the "hospital action" plaintiffs have made in their effort to relate Doe's claims to the Meta Pixel Healthcare Litigation class action in the event severance is granted, said plaintiff Jane Doe’s response brief (docket 3:23-cv-00059) Monday in U.S. District Court for Northern California in San Francisco.

“Suppose that a federal national security agency teamed up with private research institutions" to establish a "mass-surveillance and mass-censorship program," posited Monday's reply memorandum (docket 3:22-cv-01213) from the Republican attorneys general of Louisiana and Missouri in support of their motion for a preliminary injunction against federal officials and agencies. That's a hypothetical that's "directly analogous to the facts in this case," said the filing in U.S. District Court for Western Louisiana in Monroe.

The Northern District of Illinois in Chicago had the authority to assign the costs of class notice to defendant Consolidated World Travel (CWT) in an “unusual” Telephone Consumer Protection Act case and didn’t abuse its discretion in doing so, ruled the 7th U.S. Circuit Court of Appeals in a Friday decision (docket 21-2653). The case presented “a narrow but important question about the administration of class actions,” said the 7th Circuit: “What authority do district courts have to impose the cost of class notice on a defendant that already has been found liable to the class?”

Montana’s statewide ban of TikTok should be blocked because it violates the First Amendment and the commerce clause and it’s preempted by federal law, the company argued Monday in a lawsuit filed with the U.S. District Court for Montana in Missoula in docket 9:23-cv-00061-DLC.