The plaintiffs who seek to hold Apple liable for the fraud involving Toast Plus, a third-party app on the App Store, can’t “circumvent” Section 230’s protections through creative pleading, said a amicus brief filed Tuesday in the 9th Circuit U.S. Court of Appeals (docket 22-16514) by NetChoice, the Electronic Frontier Foundation and the Software & Information Industry Association in support of Apple’s request to affirm the district court’s dismissal of the case. The Chamber of Progress and ACT | The App Association also signed onto the brief.
The Cybersecurity and Infrastructure Security Agency “meets interminably” with social media platforms to discuss content-moderation policies and censorship, said the Republican attorneys general of Louisiana and Missouri, plus five individual social media user plaintiffs, in a respondents’ brief Tuesday (docket 23A243) at the U.S. Supreme Court.
Indiana’s HB-1186 statute, which took effect July 1 after being enacted April 20, “unconstitutionally abridges” the news media’s ability to fulfill its functions by making it a misdemeanor for journalists to come within 25 feet of police officers who are lawfully engaged in the execution of their official duties, alleged Nexstar, Scripps, Tegna and the Indianapolis Star in a First Amendment complaint Friday (docket 1:23-cv-01805) in U.S. District Court for Southern Indiana in Indianapolis.
Rochester, New York's Sept. 8 opposition, denying the allegations of plaintiffs Crown Castle, Extenet and Verizon that the city imposes excessively high fees on telecom providers in violation of federal law (see 2309110005|), rests its entire case on a misinterpretation of the FCC’s September 2018 “barriers” order, said the plaintiffs’ reply Friday (docket 6:19-cv-06583) in U.S. District Court for Western New York in Rochester.
The attorneys general of 48 states and the District of Columbia “pursued a public smear campaign” on robocalling allegations against VoIP provider Avid Telecom, its CEO Michael Lansky and its Vice President Stacey Reeves, despite the FCC or the FTC never having said a single call transmitted by the defendants was illegal, said the defendants’ motion to dismiss Friday (docket 4:23-cv-00233) in U.S. District Court for Arizona in Tucson. They also alternatively filed a motion to stay the proceedings and refer the allegations to the FCC and FTC, to the extent that the court declines to dismiss the complaint in its entirety.
Kohl’s denies all the allegations in plaintiff Ruhi Reimer’s first amended complaint that it violated the Telephone Consumer Protection Act and the Virginia Telephone Privacy Protection Act (VTPPA), said its answer Thursday (docket 2:23-cv-00597) in U.S. District Court for Eastern Wisconsin in Milwaukee.
The 5th Circuit U.S. Court of Appeals’ Oct. 3 “amended decision,” on panel rehearing, that extended the social-media injunction to additional officials of the Biden administration (see 2310040001) “further confirms” that the U.S. Supreme Court should grant the government’s pending emergency application for a stay, pending SCOTUS disposition of the government’s forthcoming cert petition to vacate the injunction entirely, said DOJ’s third supplemental memorandum Thursday (docket 23A243) in support of that emergency application.
The FCC and DOJ seek dismissal of Indian Peak Properties’ petition for review for lack of jurisdiction, said their motion Thursday (docket 23-1223) in the U.S. Court of Appeals for the D.C. Circuit.
Amazon brought counterclaims against Annie Oakley Enterprises and its owner, Renee Gabet, seeking cancellation of four of Gabet's asserted trademark registrations due to her fraudulent U.S. Patent and Trademark Office registrations, said Amazon's answer Wednesday (docket 1:22-cv-02246) in U.S. District Court for Southern Indiana in Indianapolis.
The plaintiffs in the case against Jacob Wohl and Jack Burkman for their roles in the robocall campaign to suppress Black citizens' mail-in votes in the 2020 election want U.S. District Judge Victor Marrero for Southern New York in Manhattan to order the two defendants to disclose by Nov. 4 whether they intend to testify at trial, the plaintiffs’ counsel, Amy Walsh of Orrick Herrington, wrote the judge in a letter Wednesday (docket 1:20-cv-08668).