Duke Energy’s argument the FCC lacks jurisdiction over the pole attachment rates utilities charge incumbent local exchange carriers like AT&T “is barred by principles of issue preclusion,” said the commission’s final redacted public reply brief, dated Thursday and docketed Friday (docket 22-2220) in the 4th U.S. Circuit Court of Appeals, in opposition to the Duke and AT&T petitions for review of the agency’s 2018 order (see 2212290050).
Arkansas Attorney General Tim Griffin (R) is “disappointed” in Thursday’s ruling by U.S. District Judge Timothy Brooks for Arkansas in Fayetteville, granting NetChoice its preliminary injunction to block Griffin’s enforcement of SB-396, the state’s age-verification Social Media Safety Act (see 2308310068), emailed Griffin through a spokesperson Friday. NetChoice won the injunction just hours before SB-396 was to take effect early Friday.
Defendant Diamond Resorts seeks a Sept. 27 hearing on its motion to compel plaintiff Paul Sapan’s Telephone Consumer Protection Act claims to arbitration, said Diamond’s notice of that motion Wednesday (docket 8:23-cv-00147) in U.S. District Court for Central California in Santa Ana.
Robert F. Kennedy Jr.’s First Amendment claim against YouTube “stumbles out of the gate,” said parent company Google in its motion to dismiss with prejudice (docket 3:23-cv-03880) in U.S. District Court for Northern California in San Francisco. Google seeks a Nov. 7 hearing on the motion.
The FCC lacked authority to put Hikvision and Dahua video equipment on the “covered list” as deemed to pose a threat to U.S. security, said the Chinese companies’ U.S. subsidiaries’ joint reply brief Wednesday (docket 23-1032) at the U.S. Court of Appeals for the D.C Circuit. The companies are challenging the FCC’s Nov. 25 order barring authorization of network equipment on the covered list (see 2304250043).
Defendant Tonal Systems will move at an Oct. 11 hearing to dismiss plaintiff Julie Jones’ wiretapping class action for failure to state a claim upon which relief can be granted, said Tonal’s notice Tuesday (docket 3:23-cv-01267) in U.S. District Court for Southern California in San Diego.
The $46.8 million supersedeas bond procured by Grande Communications Networks “satisfies the criteria established by courts in this jurisdiction,” and accomplishes the goal of protecting the record labels’ rights pending appeal, said Grande’s reply Tuesday (docket 1:17-cv-00365) in U.S. District Court for Western Texas in Austin to the labels’ Aug. 22 opposition.
Apple’s iCloud service delivers consumers 5 GB less cloud storage than it contracted for when it accepted their monthly iCloud subscription payments, alleged plaintiff Lisa Bodenburg’s fraud class action Friday (docket 5:23-cv-04409) in U.S. District Court for Northern California in San Jose. In addition to breach of contract, the lawsuit alleges violations of several statutes, including California’s Consumer Legal Remedies Act and its Unfair Competition Law.
California Sportfishing Protection Alliance and AT&T can’t agree on a briefing schedule for the alliance’s lawsuit to enjoin AT&T’s abandoned telecom cables from discharging lead into the waters deep below the surface of Lake Tahoe (see 2308180001), they said in separate case management statements Friday (docket 2:21-cv-00073) in U.S. District Court for Eastern California in Sacramento. The parties do agree on a Sept. 14 deadline for Rule 26(a)(1) initial disclosures, and an Oct. 9 due date for pleading amendments but agree on little else, said their statements.
Plaintiff Jacob Howard’s June 4 class action to halt the Republican National Committee’s alleged Telephone Consumer Protection Act wrongdoing through its “illegal” text-messaging campaign (see 2306050052) “can be quickly resolved under Rule 12(b)(6),” said the RNC’s memorandum Thursday (docket 2:23-cv-00993) in U.S. District Court for Arizona in Phoenix in support of its motion to dismiss. As a matter of law, a text message with a video, or more accurately a video link, isn't an artificial or prerecorded voice call within the meaning of the TCPA, said the RNC.