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.

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.

Congressional delegation of authority and enforcement power to agencies and the tenure protections of agency administrative law judges aren't unconstitutional, argued the SEC in a petitioner's brief before the U.S. Supreme Court Monday in SEC v. Jarkesy. The brief hewed closely to the arguments the SEC made in its loss before the 5th U.S. Circuit Court of Appeals, law professors and attorneys told us. “There’s nothing unexpected in it,” emailed Arizona State law professor Ilan Wurman, who filed an amicus brief in the case supporting neither party. A SCOTUS decision in SEC v. Jarkesy could have ramifications for other federal agencies that use ALJs, such as the FCC (see 2211030063).

Gilbert Hale, Linda Hale and Alan Wooten, plaintiffs in Hale v. Genworth Financial, oppose movant Bruce Bailey’s motion to transfer and consolidate all related actions in MOVEit Customer Data Security Breach Litigation and transfer them to the U.S. District Court for the District of Minnesota, said their Thursday filing (docket 3083) before the U.S. Judicial Panel on Multidistrict Litigation.

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.

None of the arguments from three remaining groups of defendants in an FTC robocall case withstands scrutiny, said DOJ’s opposition (docket 3:23-cv-00313) to the three motions to dismiss Wednesday in U.S. District Court for Southern California in San Diego. DOJ sued on the FTC’s behalf in February (see 2302170050) to stop a network of companies and individuals allegedly responsible for delivering “tens of millions” of unwanted VoIP and ringless voicemail phony debt service robocalls to consumers nationwide.

T-Mobile US and parent Deutsche Telekom oppose Dish Network's move to delay until June 30 Dish's purchase of T-Mobile’s 800 MHz spectrum. Earlier this month, Dish asked the U.S. District Court for the District of Columbia to give it until that date to put together financing to buy the spectrum, which was part of a web of agreements around T-Mobile’s buy of Sprint (see 2308170065). Dish would have to pay a $72 million fee for walking away from the deal (see 1907260071).

California Sportfishing Protection Alliance and AT&T can’t agree on a briefing schedule for the alliance’s lawsuit to enjoin AT&T’s abandoned telecom cables from discharging lead into the waters deep below the surface of Lake Tahoe (see 2308180001), they said in separate case management statements Friday (docket 2:21-cv-00073) in U.S. District Court for Eastern California in Sacramento. The parties do agree on a Sept. 14 deadline for Rule 26(a)(1) initial disclosures, and an Oct. 9 due date for pleading amendments but agree on little else, said their statements.

Apple’s iCloud service delivers consumers 5 GB less cloud storage than it contracted for when it accepted their monthly iCloud subscription payments, alleged plaintiff Lisa Bodenburg’s fraud class action Friday (docket 5:23-cv-04409) in U.S. District Court for Northern California in San Jose. In addition to breach of contract, the lawsuit alleges violations of several statutes, including California’s Consumer Legal Remedies Act and its Unfair Competition Law.

Chargebacks911’s motion to stay discovery pending a ruling on its amended motion to dismiss should be denied, said the FTC and the Florida attorney general in their Aug. 21 opposition (docket 8:23-cv-00796) in U.S. District Court for Middle Florida in Tampa.