U.S. District Judge Daniel Calabretta for Eastern California in Sacramento granted Google’s Jan. 23 motion to dismiss the Republican National Committee’s complaint and its allegations that Google intentionally misdirected the RNC’s fundraising emails to Gmail users’ spam folders at the end of each month (see 2210260080), said Calabretta’s signed order Thursday (docket 2:22-cv-01904). The judge granted the RNC partial leave to amend to establish that Google didn't act in good faith, said the order.
Former Comcast utility worker Greg Bostard routinely had to climb over Verizon’s lead-sheathed cables to reach and service Comcast’s cables mounted on the same poles, and his “direct and regular exposure” to toxic lead caused him “a present injury” that increases the risk he will develop more “catastrophic health effects,” alleged his negligence class action Wednesday (docket 1:23-cv-08564) in U.S. District Court for New Jersey in Camden.
Arkansas Attorney General Tim Griffin (R) denies NetChoice’s allegations that SB-396, the state’s social media age verification law, is unconstitutional on First Amendment grounds (see 2306300001), said his answer Wednesday (docket 5:23-cv-05105) in U.S. District Court for Western Arkansas in Fayetteville. NetChoice seeks a preliminary injunction to bar Griffin from enforcing the measure when it takes effect Sept. 1.
U.S. District Judge Jose Martinez for Southern Florida in Miami denied defendant Smartbiz Telecom’s Jan. 20 motion to dismiss Florida Attorney General Ashley Moody’s (R) robocall complaint (see 2301230054), said his signed order Wednesday (docket 1:22-cv-23945).
U.S. District Judge Christine O’Hearn for New Jersey in Camden signed an order Tuesday (docket 1:23-md-03055) in the Samsung data breach multidistrict litigation that grants the parties’ stipulation setting Sept. 22 as the deadline for the plaintiffs’ opposition to Samsung’s Aug. 11 motion to strike the amended consolidated complaint’s class allegations. Samsung filed the motion to strike concurrently with the motion to dismiss (see 2308140053).
Despite Ford’s best efforts to “shoehorn” its demand for arbitration into one of several vehicle purchase or lease agreements signed by the four plaintiffs in the class action against the automaker, “the overwhelming weight of precedent and the plain language of the agreements do not permit it.” So said the plaintiffs’ opposition Monday (docket 3:22-cv-01716) in U.S. District Court for Southern California to Ford’s June 30 motion to compel their claims to arbitration and stay the case pending the outcome of that arbitration (see 2307030014).
Apple used “boilerplate” messaging to terminate the App Store account of Digital Will, a Japanese app developer and game publisher, on the unfounded grounds that the account was used for “dishonest or fraudulent activity,” alleged Digital Will’s complaint Monday (docket 3:23-cv-04266) in U.S. District Court for Northern California in San Francisco.
The requisite money amount in controversy is satisfied, and complete diversity exists between the parties, to establish that the U.S. District Court for Northern Georgia in Atlanta has jurisdiction over plaintiff Mark Walters’ defamation complaint against OpenAI, said OpenAI’s response Monday (docket 1:23-cv-03122).
The Aug. 7 opposition of Legacy Equity Advisors to AT&T’s July 17 motion to dismiss (see 2308080037) can’t save its complaint from dismissal, said AT&T’s reply Monday (docket 3:23-cv-00979) in U.S. District Court for Northern Texas in Dallas. The private equity firm alleges AT&T violated Section 1981 of the Civil Rights Act when it blocked the firm from bidding on assets AT&T was divesting, including DirecTV, Cricket Wireless, AT&T’s Puerto Rican wireless operations and a tranche of 88 retail stores, due to the firm’s African American ownership and management.
Charter Communications seeks a temporary and preliminary injunction to prevent Bridger Mahlum, its former director-state government affairs, from continuing to breach his noncompete agreement and from misappropriating Charter’s trade secrets involving state broadband funding, said its complaint Friday (docket 3:23-cv-01106) in U.S. District Court for Connecticut in New Haven.