The Pennsylvania Public Utility Commission properly decided that FirstEnergy charged unlawfully high pole-attachment rates to Verizon, a Pennsylvania Commonwealth Court majority decided Thursday. The PUC also appropriately determined the length of retroactive relief, despite Verizon’s arguments that refunds should go further back.
The FTC added three Amazon executives and included “significant new details” in an amended complaint Wednesday (docket 2:23-cv-00932) in U.S. District Court for Western Washington in Seattle. The details were redacted in its original June complaint.
The FCC rightly put Hikvision and Dahua video equipment on its “covered list” of network gear deemed to pose a threat to U.S. security, Motorola Solutions said in a brief filed Tuesday at the U.S. Court of Appeals for the D.C Circuit (docket 23-1032). The Chinese companies are challenging the classification (see 2308310001) in the FCC’s Nov. 25 order barring authorization of network equipment on the covered list (see 2304250043).
The court should dismiss a fraud class action arising from a 2022 LastPass data breach because the plaintiffs lack standing and failed to plead facts sufficient to constitute plausible claims under Federal Rules of Civil Procedure 12(b)(6), said defendants GoTo Technologies and LastPass in their motion to dismiss Monday (docket 1:22-cv-12047) Monday in U.S. District Court for Massachusetts. The defendants also requested oral argument.
Defendants WCO Spectrum, founder Gary Winnick and CEO Carl Katerndahl seek the dismissal of T-Mobile’s fraud complaint for failure to state a claim upon which relief can be granted, said their memorandum Monday (docket 2:23-cv-04347) in U.S. District Court for Central California in support of their motion to dismiss.
The narrow targeting of Maryland’s so-called tax on digital ad revenue may suggest it’s primarily a punishment that federal courts are permitted to review under the U.S. Tax Injunction Act (TIA), 4th U.S. Circuit Court of Appeals Judge Julius Richardson said at oral argument Wednesday. The 4th Circuit is reviewing an appeal by the U.S. Chamber of Commerce of the March 2022 decision by the U.S. District Court in Baltimore to dismiss the Chamber’s challenge of the tax, plus the district court’s December dismissal of the Chamber’s challenge to the tax’s pass-through ban (case 22-2275). The 4th Circuit should remand all counts back to district court, argued the Chamber’s attorney Michael Kimberly of McDermott Will.
Though litigants “exaggerate,” it may “actually be true that the fate of the freedom of speech in America depends” on what the U.S. Supreme Court does with the preliminary injunction barring federal officials from coercing social media platforms to moderate their content, said the Children’s Health Defense and its founder, Robert F. Kennedy Jr. They filed an amicus brief Wednesday (docket 23A243) in opposition to the government’s application for a full stay of the injunction pending the disposition of its appeal (see 2309140041).
DOJ sided with Dish Network, against T-Mobile, over whether Dish should get more time to buy 800 MHz spectrum, filing Tuesday in the U.S. District Court for the District of Columbia, which is handling T-Mobile’s buy of Sprint (see 2308170065). The government supports giving Dish until April 1 to buy the spectrum, or pay a $72 million fee for walking away from the deal (see 1907260071). Dish asked for an extension through June 30.
Meta intercepted individuals’ personal health data from their “covered entities” and via the Meta Pixel tracking tool profited from it without their consent, said a fraud class action Monday (docket 4:23-cv-04784) in U.S. District Court for Northern California in Oakland.
Judges on the 5th U.S. Circuit Court of Appeals questioned the FCC on how the commission structures its Universal Service Fund and oversees the role the Universal Service Administrative Co. plays in determining quarterly contribution factors during an en banc hearing Tuesday. Some pressed Consumers' Research on how the private nondelegation doctrine applied to its challenge of the Q1 2022 USF contribution factor (see 2309010060).