The plaintiffs' allegations of actual identity theft in the Samsung data breach multidistrict litigation are “implausible, insufficiently pled, and not a cognizable injury absent economic loss,” said Samsung’s notice Friday (docket 1:23-md-03055) of its motion to dismiss in U.S. District Court for New Jersey in Camden.

Four months ago, U.S. District Judge Manish Shah for Northern Illinois rejected the FTC’s “unprecedented effort” to use the “substantial-assistance” provision of the Telemarketing Sales Rule “to impose novel liability on Walmart for processing money transfers at the request of customers who later claimed that they had been defrauded by third-party criminals,” the retailer said. It filed a memorandum of law Friday (docket 1:22-cv-03372) in support of its motion to dismiss the FTC’s June 30 amended complaint for failure to state a claim.

Plaintiff Michael Harris became a victim of identity theft when unauthorized individuals attempted to open bank accounts in his name, said a Tuesday negligence class action (1:23-cv-11816) in U.S. District Court for Massachusetts in Boston. The suit names Progress Software Corp. (PSC) for a May data breach involving its MOVEit file transfer software.

Comcast’s preliminary injunction showing “is virtually unrebutted” in its attempt to block MaxLinear from walking away from its contractual obligations to supply chips for Comcast’s broadband gateways (see 2305300045), said Comcast’s reply memorandum of law Thursday (docket 1:23-cv-04436) in U.S. District Court for Southern New York in Manhattan in further support of the injunction. A hearing on Comcast’s injunction motion is set for Sept. 13 at noon EDT (see 2307180044).

The several Computer & Communications Industry Association members “directly regulated” by Montana’s TikTok ban (SB-419) will have their “core First Amendment rights” infringed unless the law is enjoined, said the association’s amicus brief Thursday (docket 9:23-cv-00056) in U.S. District Court for Montana in Missoula. CCIA filed the brief in support of the preliminary injunction the plaintiffs seek to block Montana Attorney General Austin Knudsen (R) from enforcing SB-419 when it takes effect Jan. 1.

The U.S. District Court for Northern California in San Francisco took possession Thursday of a Nov. 23 pro se lawsuit (docket 3:23-cv-04045) transferred from the Eastern District of Texas that alleges Meta and TikTok violated the Texas code by censoring social media content. TikTok removed the case to the federal court from County Court at Law No. 4 of Collin County, Texas, in November. Attorney plaintiff Paul Davis’ emergency motion to remand was denied.

The Republican attorneys general of Louisiana and Missouri, plus the five individual co-plaintiffs in their social media complaint against the Biden administration, “would be entitled to a preliminary injunction” if they could demonstrate that a government threat directed at conduct by social media companies caused them “irreparable injury,” said DOJ attorney Daniel Tenny in 5th U.S. Circuit Court of Appeals oral argument Thursday. “They have not made any such showing, despite months of discovery,” said Tenny.

T-Mobile collected from customers a “city license” or "utility” tax it wasn't authorized to collect under ordinances of various Missouri municipalities, alleged a class action Wednesday (docket 4:23-cv-00561) in U.S. District Court for Western Missouri in Kansas City.

Democratic presidential candidate Robert F. Kennedy Jr. filed an application (docket 5:23-cv-03880) for a temporary restraining order against Google Wednesday to stop YouTube from using its “’medical misinformation’ policies” to remove videos of Kennedy’s speech "on matters of public concern” during the 2024 presidential campaign. Kennedy filed a First Amendment lawsuit against Google and YouTube (see 2308030049) in U.S. District Court for Northern California in San Francisco last week involving Google's COVID-19 vaccine misinformation policy.

Seven former Twitter employees sued Twitter and X Corp. Tuesday for discrimination and/or violations of the Family and Medical Leave Act (FMLA) involving their “separations from employment with Twitter during the chaotic days” after Elon Musk bought the company, said a class action (docket 3:23-cv-04016) in U.S. District Court for Northern California in San Francisco.