The lower court’s decision in an ad-pricing class action, Cabrera v. Google, that deprived Google of a defense it would have in an individualized action “by applying a different contract interpretation rule,” violates the Rules Enabling Act, said defendant/petitioner Google Tuesday in its petition for leave (docket 23-80077) to appeal a class-certification order before the U.S. 9th Circuit Court of Appeals.

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.

The FCC lacked authority to put Hikvision and Dahua video equipment on the “covered list” as deemed to pose a threat to U.S. security, said the Chinese companies’ U.S. subsidiaries’ joint reply brief Wednesday (docket 23-1032) at the U.S. Court of Appeals for the D.C Circuit. The companies are challenging the FCC’s Nov. 25 order barring authorization of network equipment on the covered list (see 2304250043).

Defendants GlobalguruTech and owner Jakob Zahara filed their third motion to quash Xfinity Mobile’s subpoenas to GGT business contacts and for a protective order, said the plaintiffs’ Tuesday filing (docket 2:22-cv-01950) in U.S. District Court for Arizona in Phoenix. The “overbroad request would include irrelevant documents relating to any cell phone transaction” and isn't limited to Xfinity phones or Xfinity products, the motion said.

Fraudulent takedown notices sent to YouTube by Universal Music Group, Sony Music and other labels led to the termination of DJ Erik Mishiyev’s YouTube channel, causing the pro se plaintiff to lose “all his hard work,” alleged Mishiyev's complaint Monday (docket 8:23-cv-01942) in U.S. District Court for Middle Florida in Tampa.

Defendants King and Activision Blizzard’s assertion in their motion to compel mandatory alternative dispute resolution that plaintiff Sorina Montoya agreed to rules requiring her to arbitrate is “wrong for several reasons,” said Montoya’s Tuesday opposition (docket 3:23-cv-00314) in U.S. District Court for Eastern Virginia in Richmond.

Defendant Tonal Systems will move at an Oct. 11 hearing to dismiss plaintiff Julie Jones’ wiretapping class action for failure to state a claim upon which relief can be granted, said Tonal’s notice Tuesday (docket 3:23-cv-01267) in U.S. District Court for Southern California in San Diego.

The $46.8 million supersedeas bond procured by Grande Communications Networks “satisfies the criteria established by courts in this jurisdiction,” and accomplishes the goal of protecting the record labels’ rights pending appeal, said Grande’s reply Tuesday (docket 1:17-cv-00365) in U.S. District Court for Western Texas in Austin to the labels’ Aug. 22 opposition.

U.S. District Judge Jacqueline Scott Corley’s July decision to deny the FTC a preliminary injunction to block Microsoft’s acquisition of video game company Activision was “riddled with errors and should be reversed,” said the FTC’s opening brief before the 9th Circuit U.S. Court of Appeals Monday. Microsoft announced the agreement to buy Activision for $68.7 billion in January 2022.

OpenAI will move to dismiss counts II-VI of a copyright infringement complaint, at a hearing Dec. 7 or soon thereafter, said a Monday notice (docket 4:23-cv-03223) in U.S. District Court for Northern California in San Francisco. The notice and memorandum of points and authorities in support of the motion to dismiss address claims brought by authors Paul Tremblay, Sarah Silverman, Christopher Golden and Richard Kadrey.