Robert F. Kennedy Jr. fails to state a plausible claim that Google, “a private company,” engaged in any state action, and his free speech claim under the California constitution is barred by Section 230, said Google’s Tuesday motion to dismiss with prejudice (docket 3:23-cv-03880) Kennedy’s first amended complaint in U.S. District Court for Northern California in San Francisco.

Plaintiff Tiffany McDougall’s argument that she shouldn't be compelled to arbitration in a fraud suit against Samsung because the arbitration agreement is unconscionable “is without merit,” said U.S. District Judge Lorna Schofield for Southern New York in Manhattan in a Tuesday order (docket 1:23-cv-00168).

Amazon’s market power over sellers creates “artificially high prices across the web,” alleges a Tuesday antitrust class action (docket 2:23-cv-01523) in U.S. District Court for Western Washington in Seattle. Rather than fostering a free and competitive e-commerce economy, “Amazon chose the path of quick and unfettered profits by unlawfully exercising their monopolistic powers in violation of antitrust law,” it said.

Alex Kozinski, a lawyer for former President Donald Trump and several of his co-defendants, faced tough questioning in oral argument Wednesday from 9th Circuit U.S. Court of Appeals Judge Jay Bybee about the breadth of evidence on which they’re basing their challenge of the district court’s dismissal of their complaint against Twitter on First Amendment grounds.

The 5th U.S. Circuit Court of Appeals, in a newly revised opinion Tuesday (docket 23-30445), granted on rehearing the requests to add the Cybersecurity and Infrastructure Security Agency to the list of federal agencies enjoined in the injunction against Biden administration officials from "coercing or significantly encouraging" social media platforms to moderate their content. The Republican attorneys general of Louisiana and Missouri and five individual social media plaintiffs requested the addition.

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.

An unknown threat actor placed Christopher Brown’s personal information on the internet via “misappropriated conduct” on PlayStation and Microsoft services while Brown was playing video games, said the Rochester, New York, pro se plaintiff in a fraud complaint Monday (docket 6:23-cv-06566) against Digital Forensics in U.S. District Court for Western New York in Rochester. Brown sought documentation from Digital Forensics that would help him discover information about the threat actor, it said.

A fraudulent Best Buy Geek Squad email enabled defendants to defraud Florida husband and wife plaintiffs of $69,335, said their racketeering and fraud complaint (docket 1:23-cv-23756) Monday in U.S. District Court for Southern Florida in Miami. The lawsuit names Zhenzhen Lin, “unknown conspirators,” Bank of America, JPMorgan Chase and Best Buy.

Fred Moorefield, who long oversaw spectrum policy at DOD, was charged with promoting and furthering animal fighting. Moorefield has been on leave from DOD, where he was deputy chief information officer-command, control and communications. Industry officials said Monday's announcement was a surprise but may have limited effect since Moorefield’s retirement was expected. Charges were filed in U.S. District Court for Maryland.

Plaintiffs Feliks Roitman and Yekaterina Shkolnik “strenuously object” to defendant T-Mobile’s assertion that their claims should be in arbitration rather than in U.S. District Court for Eastern New York in Brooklyn, their counsel wrote U.S. District Judge Eric Vitaliano in a letter opposition Friday (docket 1:23-cv-06159) to T-Mobile’s anticipated motion to compel arbitration.