When “properly construed,” the U.S. Supreme Court’s 1984 decision in Chevron v. Natural Resources Defense Council “gels with TechFreedom’s broader understanding of how the administrative state should work,” said the think tank's amicus brief Thursday (docket 22-451) in support of the petitioners in Loper Bright v. Raimondo. But the Chevron doctrine “has gone too far,” it told SCOTUS. The petitioners are commercial fishing companies urging SCOTUS to “jettison” the Chevron doctrine (see 2307180033).
Defendants Vision Solar and Solar Xchange will pay the federal government and the state of Arizona $62,000 each of a $13.9 million suspended civil penalty to settle allegations they violated the FTC Act, the Telemarketing Sales Rule and Arizona’s Consumer Fraud Act and Telephone Solicitations Act, said a stipulated order for a preliminary injunction and monetary judgment Thursday (docket 2:23-cv-01387) in U.S. District Court for Arizona. DOJ brought the complaint July 14 on the FTC’s behalf, plus with Arizona Attorney General Kris Mayes (D), as one of five newly announced FTC enforcement actions against illegal robocalls and telemarketing fraud that marked last week’s debut of Operation Stop Scam Calls (see 2307180035).
Four of five opposing plaintiffs “have no desire to have their legal claims tainted by political wrangling or the tabloid atmosphere that has come to accompany national elections,” they said Wednesday in their opposition (docket 3:22-cv-01213) to Robert F. Kennedy Jr.’s motion to consolidate a freedom of speech case with the similar Missouri v. Biden case in U.S. District Court for Western Louisiana in Monroe.
By offering over six motions as bases for dismissal, Old Dominion Freight Line filed a “kitchen sink” motion, said plaintiffs John Kararo, Sean Walker, Tri Minh La and Melvyn Caison in their Tuesday response (docket 1:23-cv-02187) to the company’s June motion to dismiss (see 2306200038) their privacy lawsuit in U.S. District Court for Northern Illinois in Chicago. Plaintiffs also seek to file a proposed third amended complaint, the filing said.
The 5th U.S. Circuit Court of Appeals denied Cisco’s mandamus petition to require the Eastern District of Texas in Texarkana to transfer Dexon’s antitrust case against Cisco and CDW to the Northern District of California (see 2304250056), said its order Wednesday (docket 23-40257).
Hartford Fire Insurance opposes Comcast Spectacor’s July 4 motion to reassign its lawsuit against Factory Mutual Insurance to U.S. District Judge Michael Baylson for Eastern Pennsylvania in Philadelphia so it can be related to two other COVID-19 insurance cases pending before that judge, said Hartford’s response to the motion Wednesday (docket 2:23-cv-02476).
Sixty-three defendants, each an individual, business entity of “unknown makeup” or an unincorporated association, are engaged online in promoting and selling counterfeit Beatles goods or products with “confusingly similar imitations” of the legitimate articles, alleged Beatle rights holder Apple Corps and Subafilms, owner of the Yellow Submarine trademarks, in their amended complaint Wednesday (docket 0:23-cv-60769) in U.S. District Court for Southern Florida in Fort Lauderdale.
Allowing health data firm Iqvia to complete its buy of digital advertising company Propel Media before issuance of a decision on the merits by the FTC through the administrative process “would harm consumers and undermine” the commission’s ability to remedy the anticompetitive effects of the proposed buy “if it is ultimately found unlawful,” said the FTC’s heavily redacted complaint Wednesday for a temporary restraining order (TRO) and preliminary injunction (docket 1:23-cv-06188) in U.S. District Court for Southern New York in Manhattan.
Judicial deference to agency legal interpretations “sits uncomfortably” with the Constitution’s separation of powers, said America First Legal Foundation in a U.S. Supreme Court amicus brief Wednesday (docket 22-451) in support of the petitioners in Loper Bright Enterprises v. Raimondo. The petitioners are commercial fishing companies urging SCOTUS to “jettison” the Chevron doctrine (see 2307180033).
Despite having no prior relationship with Pennsylvania resident Zachary Fridline, Integrity Vehicle Group, through its telemarketing agent, made prerecorded telemarketing calls to him without his consent in violation of the Telephone Consumer Protection Act (TCPA), said a Tuesday class action (docket 4:23-cv-01194) in U.S. District Court for Middle Pennsylvania in Williamsport.