HP’s motion to dismiss a fraud case over defective track pads in its Omen laptop computers is "the latest step in its campaign to sweep consumer complaints about the Defect under the rug,” said plaintiffs Justin Davis and Gary Davis’ response (docket 4:23-cv-02114) Tuesday to HP’s June motion to dismiss (see 2307030008) in U.S. District Court for Northern California in Oakland.
Soon after registering to use major social media platforms, California resident Brenton Hall began engaging in “addictive and problematic use” of the sites, alleges a Tuesday complaint (docket 23ST-cv-16691) in California Superior Court in Los Angeles. A nearly identical suit (23ST-cv-16699) was filed in the same court Tuesday by the same law firms -- Beasley Allen and Cutter Law -- on behalf of plaintiff Minayah Valentine-Boss. Cutter Law is also representing two California school districts in similar lawsuits against social media firms.
Rankin County, Mississippi, which reached a compromise with Verizon last week over its denial of the carrier’s application to build and operate a cell tower (see 2307130004, is being sued by AT&T for refusing its payment demands for relocating a cell tower to accommodate a county project, said a Monday complaint (docket 3:23-cv-00457) in U.S. District Court for Southern Mississippi in Jackson.
Individual states that “abandoned” their own versions of Chevron deference haven’t suffered “negative consequences” as a result, said the Goldwater Institute (GI) in a U.S. Supreme Court amicus brief Tuesday (docket 22-451) in support of the petitioners in Loper Bright Enterprises v. Raimondo.
Here are Communications Litigation Today's top stories from last week, in case you missed them. Each can be found by searching on its title or by clicking on the hyperlinked reference number.
The court should dismiss a fraud class action against game developer King and Activation Blizzard and compel it to arbitration, said Activision's motion to dismiss (docket 3:23-cv-00314) Monday in U.S. District Court for Eastern Virginia in Richmond. Plaintiff Sorina Montoya claimed the defendants misled her and other players participating in a March mobile game tournament (see 2305110011). Activision seeks to have the case compelled to individual arbitration, dismissed for lack of personal jurisdiction or transferred to U.S. District Court for Central California.
Amazon and two subsidiaries sued China resident Li Qiang, Shenzhen Yinxi Electronic Commerce and “John Doe” defendants for trademark infringement of Amazon Fire TV remote controls, said a Monday lawsuit (docket 2:23-cv-01060) in U.S. District Court for Western Washington in Seattle.
In 82 pages of “detailed factual findings,” U.S. District Judge Terry Doughty for Western Louisiana in Monroe found that federal officials “have covertly injected themselves into the content-moderation decisions of all major social-media platforms,” said the Republican attorneys general of Louisiana and Missouri and the individual plaintiffs in their brief Monday (docket 23-30445) at the 5th U.S. Circuit Court of Appeals in opposition to the government’s emergency motion to stay Doughty’s July 4 preliminary injunction. The New Civil Liberties Alliance also signed the brief.
The complaint in which Legacy Equity Advisors alleges AT&T deprived the private equity firm of bidding for Cricket Wireless, DirecTV and other noncore assets because of its African American ownership (see 2305040065) “is as offensive as it is baseless,” said AT&T’s memorandum of law Monday (docket 3:23-cv-00979) in U.S. District Court for Northern Texas in Dallas in support of its motion to dismiss.
Five newly announced FTC enforcement actions against illegal robocalls and telemarketing fraud marked Tuesday’s debut of Operation Stop Scam Calls, a nationwide “enforcement sweep” involving more than 100 federal and state agencies, including DOJ, the FCC and the attorneys general of all 50 states, plus the District of Columbia.