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.
Amazon keeps money owed to its customers who timely followed its return policies by returning purchases directly to the company, or to locations designated by Amazon to return such purchases, alleges a Thursday class action (docket 2:23-cv-01545) in U.S. District Court for Western Washington in Seattle.
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 FTC’s motion to strike certain affirmative defenses in its antitrust case to block Iqvia’s Propel Media buy is an “unnecessary distraction in the midst of fast-paced discovery” that’s “without any substantial legal basis,” said defendants Wednesday in a memorandum of law (docket 1:23-cv-06188) opposing the motion in U.S. District Court for Southern New York in Manhattan.
The U.S. Judicial Panel on Multidistrict Litigation (JPML) rejected plaintiff Bruce Bailey’s July motion to transfer 10 actions involving the May MOVEit file transfer software data breach to U.S. District Court for Minnesota, said a Wednesday transfer order (docket 3083) signed by Chair Karen Caldwell. Bailey filed a class action July 5 against MOVEit owner Progress Software Corp. (PSC) and Pension Benefits Information (PBI) (docket 0:23-cv-02028) for breach of contract and other violations as a result of the breach.
Despite its promise of “Guaranteed Delivery,” Amazon sometimes fails to deliver products by the date or time promised, and a refund promised by the guarantee “is not always provided,” alleges a class action (docket 2:23-cv-01529) notice of removal Wednesday from State of Washington Superior Court for King County to U.S. District Court for Western Washington in Seattle.
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).