The FCC’s Nov. 18 order resolving AT&T’s pole attachment rate dispute with Duke Energy “correctly invalidates” the rates Duke charges AT&T as “unjustly and unreasonably high,” said AT&T’s opening brief Monday (docket 22-2220) in its 4th U.S. Circuit Appeals Court consolidated petition for review of the order (see 2212290050). Though the FCC properly ordered the company to refund its overcharges to AT&T, consistent with the statute of limitations,” the order doesn’t go far enough, it said.
JMBT Live, owner of the Tilt entertainment platform, “misrepresented” the status of its contracts and negotiations with prospective content partners to investors, said plaintiff Locust Group, a Wyoming-based limited liability firm, in a fraud complaint (docket 1:23-cv-04203) Friday in U.S. District Court for Southern New York in Manhattan.
DOJ and the eight state plaintiffs in litigation alleging Google monopolized the market for digital ad tech seek in camera review of 21 documents they believe the company “improperly withheld or redacted” on the basis of the attorney-client privilege or other protections. Their memorandum of law Friday (docket 1:23-cv-00108) in U.S. District Court for Eastern Virginia in Alexandria in support of their motion to compel Google to produce the documents cited evidence “calling into question the breadth of Google’s privilege assertions.”
Plaintiffs in Meta Healthcare Litigation filed a memorandum (docket 3:23-cv-00059) Thursday in support of Meta’s motion to sever claims against it in the Doe v. Hey Favor action, calling “factually incorrect” plaintiff Jane Doe’s assertion that the Hey Favor action doesn't concern a hospital, while the Healthcare action concerns only hospitals.
California’s Age-Appropriate Design Code (AADC) violates the First Amendment, “impermissibly regulates across state lines” and “is preempted by two federal statutes,” said NetChoice’s Friday reply (docket 5:22-cv-08861) in support of its motion for preliminary injunction in U.S. District Court for Northern California in San Jose.
The preemption clause in the Children’s Online Privacy Protection Act restricts states from imposing liability for regulated activities, including online data collection from children, that’s “inconsistent” with COPPA’s treatment of those activities, said the FTC’s amicus brief Monday (docket 21-16281) in the 9th U.S. Circuit Court of Appeals en banc reahearing of Jones v. Google. The FTC filed the brief at the 9th Circuit’s request in the case involving a group of children who allege Google collected data and surreptitiously tracked their online activity in violation of state laws.
DirecTV’s litigation accusing Nexstar and its broadcast sidecars Mission and White Knight of colluding to set retransmission consent fee prices (see 2303150041) should be dismissed for multiple reasons, Nexstar wrote U.S. District Judge Paul Crotty for Southern New York in Manhattan in a letter Friday (docket 1:23-cv-02221) requesting a pre-motion conference. DirecTV alleges the broadcasters' “unlawful price-fixing conspiracy” is the root cause of unsuccessful retrans talks with Mission and White Knight resulting in blackouts.
The second fraud class action against SiriusXM to enter the federal court system in three days was filed Wednesday in U.S. District Court for New Jersey in Newark by plaintiffs Robyn Posternock, Muriel Salters and Philip Munning. Their complaint (docket 2:23-cv-02680), brought under New Jersey law on behalf of a class comprised solely of New Jersey citizens, challenges “a deceptive pricing scheme whereby SiriusXM falsely advertises its music plans at lower prices than it actually charges.”
Easy Healthcare will make “significant changes” to its ovulation tracking app, Premom, to ensure data isn’t shared with third parties, said Washington, D.C., Attorney General Brian Schwalb (D) in a Wednesday news release announcing the healthcare company’s voluntary compliance settlement with the FTC and the AGs of Connecticut and Oregon.
Plaintiff Aaron Williams is seeking an order to compel Verizon to produce the names of subscribers associated with phone numbers that are part of a Telephone Consumer Protection Act (TCPA) class action against online pharmacy PillPack, said a Thursday motion to compel (docket 3:23-mc-00006) in U.S. District Court for New Jersey in Trenton.