The two dozen petitioning iPhone users are “correct” that there’s a profound “circuit split” about how the appellate courts interpret the “law of preemption” as it applies to the FCC and the Telecommunications Act to override state or local enforcement of RF emission safety standards for cellphones, said Berkeley, California's amicus brief (docket 22-698) at the Supreme Court Wednesday in support of the petitioners.
U.S. District Judge Leonie Brinkema for Eastern Virginia in Alexandria denied Google’s motion to transfer to the Southern District of New York the digital advertising antitrust case brought against the company by DOJ and eight states (see 2303060057), said her memorandum opinion Tuesday (docket 1:23-cv-108). Google wanted the case moved to SDNY to be litigated as a separate civil action alongside the more than two dozen multidistrict litigation (MDL) antitrust actions involving the company's activities in the online advertising technology industry that are consolidated under U.S. District Judge Kevin Castel for pretrial proceedings.
The Republican attorneys general of Louisiana and Missouri don’t dispute they didn’t seek, and the court didn’t provide, authorization to file their 350-page “fact memo” in support of their motion for a preliminary injunction to block the Biden administration’s alleged collusion with Big Tech to censor right-leaning social media content in violation of the First Amendment (see 2303140027). So said DOJ’s reply memorandum Tuesday (docket 3:22-cv-01213) in U.S. District Court for Western Louisiana in Monroe in support of its motion to strike the fact memo.
Plaintiffs Craigville Telephone and Consolidated Telephone in the fake ringstones case against defendant T-Mobile continue to support the court’s appointment of a special master to oversee discovery, despite T-Mobile’s opposition (see 2303090056), said their reply brief Monday (docket 1:19-cv-07190) in U.S. District Court for Northern Illinois in Chicago.
BMG Rights Management and its co-plaintiff record labels “distort long-standing copyright jurisprudence” in an attempt to distract the court from the contributory infringement and vicarious liability claims they don’t and can’t plead, said Altice’s reply brief Monday (docket 2:22-cv-00471) in U.S. District Court for Eastern Texas in Marshall in further support of its motion to dismiss. The music companies allege Altice ignored the rampant infringement of its internet subscribers (see 2303070045).
Plaintiff Robert Graham agreed to a “broad arbitration provision” when he renewed his contract with AT&T in October 2018 to upgrade his phone, said AT&T’s motion Friday (docket 1:22-cv-05155) in U.S. District Court for Northern Georgia in Atlanta. The motion seeks to stay his class action pending conclusion of that arbitration under Section 3 of the Federal Arbitration Act (FAA).
Plaintiff Crown Castle is entitled to summary judgment as a matter of law on its claims that the town of Oyster Bay, New York, unlawfully blocked its applications to install 23 small wireless facilities (SWFs) in the town’s public rights-of-way (ROW). So said Crown Castle’s reply memorandum Friday (docket 2:21-cv-06305) in U.S. District Court for Eastern New York in Central Islip in further support of its summary judgment motion.
Muttontown, New York, and its various component boards seek dismissal of AT&T’s complaint alleging the village unlawfully denied its application to build a 165-foot-high cell tower to remedy a significant coverage gap, said a memorandum in support of its motion Thursday (docket 2:22-cv-05524) in U.S. District Court for Eastern New York in Central Islip. The village seeks a May 1 evidentiary hearing in the motion to dismiss for AT&T’s failure to properly make “a legally justiciable claim.”
The plaintiffs who oppose SoftBank’s motion to dismiss their class action for lack of personal jurisdiction and improper venue rely on “a boundless and unprecedented theory of personal jurisdiction” to assert their opposition, said SoftBank’s reply memorandum Friday (docket 1:22-cv-03189) in U.S. District Court for Northern Illinois in Chicago. Seven consumers, all AT&T or Verizon customers, brought the lawsuit in June to vacate T-Mobile’s 2020 Sprint buy, alleging the transaction stifled competition, causing their own wireless rates to skyrocket (see 2210110003).
DOJ moved Thursday to strike the March 7 supplemental fact memorandum by the Louisiana and Missouri attorneys general in support of their motion for a preliminary injunction (PI) to block what they allege is the Biden administration’s collusion with Big Tech to censor right-leaning social media content in violation of the First Amendment (see 2303080002).