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.

Samsung’s Aug. 11 motion to dismiss the plaintiffs’ July 14 first amended consolidated complaint in the multidistrict litigation arising from the 2022 data breach, and the memorandum in law in support of that motion, “are legally and factually infirm,” and the motion should be denied, said the plaintiffs’ opposition Friday (docket 1:23-md-03055) in U.S. District Court for New Jersey in Camden.

Romwe.com owner Shein Distribution removed to U.S. District Court for Central California in Los Angeles Monday a class action (docket 2:23-cv-08025) alleging the e-commerce apparel store for two years covered up the fallout from a July 2018 data breach that exposed the login credentials of as many as 7.3 million U.S. consumers.

Amazon engages in anticompetitive practices to block rivals from competing fairly, and places unfair constraints on sellers to the detriment of consumers, the FTC and 17 state attorneys general alleged Tuesday in a lawsuit against the platform.

New York’s hateful conduct law (Section 394-ccc) “intrudes on websites’ First Amendment rights in a pernicious way,” by using “vague terms” to define hate speech, and forces covered websites to publish a policy explaining how they will respond to and address complaints about that speech, said Santa Clara University law professor Eric Goldman and TechFreedom in an amicus brief Monday (docket 23-356) in the 2nd U.S. Court of Appeals. They support the affirmation of the district court’s grant of a preliminary injunction blocking New York Attorney General Letitia James (D) from enforcing the law.

The Democratic attorneys general of 21 states, plus the District of Columbia, think the Chevron “framework” strikes an “appropriate balance” between confining agencies to parameters set by Congress, and “allowing them to operate effectively within those parameters,” said their U.S. Supreme Court amicus brief Friday (docket 22-451).

Communications Litigation Today is tracking the below lawsuits involving appeals of FCC actions. Cases marked with an * were terminated since the last update. Cases in bold are new since the last update.

Ocean City, New Jersey, denies U.S. District Court for New Jersey in Camden, has subject matter jurisdiction over Verizon’s claims because its action wasn’t commenced in a timely manner, said the city’s answer Friday (docket 1:23-cv-04370). Verizon alleges the city violated Section 704 of the Communications Act by effectively prohibiting Verizon’s provision of personal wireless services and because it denied the application without substantial evidence contained in the written record, it said (see 2308140028).

The Republican attorneys general of Louisiana and Missouri want the 5th U.S. Circuit Court of Appeals to “reinstate” officials from the Cybersecurity and Infrastructure Security Agency and the State Department to the social media injunction imposed on the White House, the surgeon general’s office, the FBI and the Centers for Disease Control and Prevention (see 2309110001), said the AGs’ petition for panel rehearing Friday (docket 23-30445).

The plaintiffs in the four consolidated cases that comprise the multidistrict litigation challenging Google’s alleged monopolization of the Google Play Store seek “a relatively modest” non-monetary remedy in the form of an “adverse inference instruction” to the jury to sanction Google for failing to preserve evidentiary messages on its internal chat system, said their proposal Thursday (docket 3:21-cv-05227) in U.S. District Court for Northern California in San Francisco.