Zachary Rohlfs’ Feb. 9 class action alleging Nexstar Media knowingly disclosed to Facebook data containing subscribers’ personal identifiable information (PII) and digital files of videos viewed on its WGNTV.com website (see 2302100028) “should be dismissed in its entirety with prejudice and without leave to replead,” said Nexstar’s motion to dismiss Friday (docket 1:23-cv-01050) in U.S. District Court for Central Illinois in Urbana.
The cellphone industry won more than a slim partial victory late Friday when U.S. District Judge James Cain for Western Louisiana in Lake Charles dismissed, on federal preemption grounds, all claims that the industry covered up information showing that many cellphones don’t comply with the FCC’s specific absorption rate (SAR) limitations for how much RF radiation is absorbed into the human body.
The Supreme Court on Monday granted review of two cases concerning questions about whether it's constitutional for public officials to block critics on social media.
AT&T’s March motion to compel arbitration (see 2303220048) and stay a case in a SIM card swap lawsuit should be denied, said plaintiff Al Weiss in a Thursday opposition response (docket 6:23-cv-001200) in U.S. District Court for Middle Florida in Orlando.
Amazon on Friday removed to U.S. District Court for Southern New York from New York County Supreme Court the petition of Amazon third-party seller Shenzhen Zongheng Domain Network to vacate a $507,619 arbitration award in Amazon’s favor. Amazon had declined to disburse the $507,619 in sales proceeds to the seller after “uncovering” that it was “manipulating customer product reviews to artificially and deceptively inflate the perceived value of the goods it was selling in the Amazon store,” said Amazon’s notice of removal (docket 1:23-cv-03334).
Emma Mendoza’s class action alleging Newsweek Digital violates the Video Privacy Protection Act should be dismissed, said the defendant’s motion Thursday (docket 1:23-cv-00643) in U.S. District Court for Southern New York in Manhattan. Mendoza’s Jan. 25 complaint alleges Newsweek Digital unlawfully tracks and discloses to Facebook its subscribers’ viewed video media and Facebook IDs without their consent (see 2301260043).
The U.S. Court of Appeals for the D.C. Circuit has denied the Standard/Tegna broadcasters’ petition for writ of mandamus, according to a brief, unpublished decision in docket 23-1084 Friday morning.
Kootenai County, Idaho, “affirmatively avers” that the Telecommunications Act doesn’t act “as a preemption of local governments’ ability to deny applications for installation of wireless communications facilities,” said the county’s answer Thursday (docket 2:23-cv-00124) in U.S. District Court for Idaho in Coeur d'Alene to AT&T’s March 29 complaint (see 2303300046). The county is countersuing for a declaration and judgment that its actions in denying AT&T’s application weren’t preempted by the TCA and "are therefore valid.”
Optimum and Altice failed to compensate cable layer employees completely for their labor and calculated earned wages based on feet of cable installed instead of the number of hours worked in a work week, in violation of labor laws, alleged Luka Kvinikadze of Vermont in a Wednesday class action (docket 1:23-cv-02922) in U.S. District Court for Eastern New York in Brooklyn.
Plaintiffs fail to “meet their burden” of establishing that applying California law would thwart any fundamental policy of either New York or Minnesota, said Google Wednesday in a reply (docket 4:22-cv-05652) in support of its motion to dismiss a privacy lawsuit related to YouTube and Google Play video rental policies (see 2303300063).