California asserts the Age-Appropriate Design Code (AADC) is necessary to protect the “health and well-being of minors,” but it “fails to show how the law serves that boundless objective, much less how it is tailored to do so,” said NetChoice Friday in a supplemental brief (docket 5:22-cv-08861) in support of its motion for preliminary injunction against the social media design law, due to take effect in June.
U.S. District Judge Brenda Sannes for Northern New York in Syracuse granted in part and denied in part AT&T’s motion for summary judgment against the town of Corinth, New York, and denied the town’s cross-motion for summary judgment against AT&T, said her signed memorandum-decision and order Friday (docket 1:21-cv-00149). AT&T sued in February 2021, alleging the town violated the Telecommunications Act when it denied the carrier’s site plan application to build a 150-foot-tall monopole cell tower (see 2302060030).
Duke Energy’s argument the FCC lacks jurisdiction over the pole attachment rates utilities charge incumbent local exchange carriers like AT&T “is barred by principles of issue preclusion,” said the commission’s final redacted public reply brief, dated Thursday and docketed Friday (docket 22-2220) in the 4th U.S. Circuit Court of Appeals, in opposition to the Duke and AT&T petitions for review of the agency’s 2018 order (see 2212290050).
Susan Patrick, co-owner of broadcast brokerage Patrick Communications and radio broadcaster Legend Communications, pleaded guilty to a felony charge of filing a false tax return and trying to conceal $9.5 million in earnings from the IRS in returns for the 2012, 2013 and 2014 tax years, said criminal filings (docket 1:23-cr-00254) Aug. 31 in U.S. District Court for Maryland in Baltimore and publicized in a DOJ release.
Protecting wireless industry profits isn’t a good reason to preempt a Kentucky 911 fee law, the state argued Friday. CTIA and the Kentucky 911 Service Board opposed each other’s July summary judgment motions (see 2307280073) in responses at the U.S. District Court for Eastern Kentucky.
Virginia Attorney General Jason Miyares (R) and the Institute for Family Studies seek leave to file amicus briefs opposing a preliminary injunction to block Montana Attorney General Austin Knudsen (R) from enforcing SB-419, the state’s TikTok ban, when it takes effect Jan. 1 (see 2307070002), said their separate motions Friday (docket 9:23-cv-00061) in U.S. District Court for Montana in Missoula. Both motions are unopposed, they said.
Four class actions filed Thursday and Friday against various defendants involving the Progress Software Corp. (PSC) data breach show the far reach of the late May cyberattack that potentially affected millions of customers, according to complaints.
Arkansas Attorney General Tim Griffin (R) is “disappointed” in Thursday’s ruling by U.S. District Judge Timothy Brooks for Arkansas in Fayetteville, granting NetChoice its preliminary injunction to block Griffin’s enforcement of SB-396, the state’s age-verification Social Media Safety Act (see 2308310068), emailed Griffin through a spokesperson Friday. NetChoice won the injunction just hours before SB-396 was to take effect early Friday.
Meta removed a pro se fraud complaint Thursday to U.S. District Court for New Jersey from the Superior Court of Essex County, New Jersey, brought by a plaintiff who opted out of the $725 million Facebook, Inc. Consumer Privacy User Litigation. Deciding the settlement was “inadequate,” plaintiff Aakash Dalal “timely opted out” of the settlement by certified and regular U.S. mail to the settlement administrator “requesting exclusion from the class action," said his June 19 complaint (docket 2:23-cv-13558).
Robert F. Kennedy Jr.’s First Amendment claim against YouTube “stumbles out of the gate,” said parent company Google in its motion to dismiss with prejudice (docket 3:23-cv-03880) in U.S. District Court for Northern California in San Francisco. Google seeks a Nov. 7 hearing on the motion.