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.
HP’s motion to dismiss a fraud case over defective track pads in its Omen laptop computers is "the latest step in its campaign to sweep consumer complaints about the Defect under the rug,” said plaintiffs Justin Davis and Gary Davis’ response (docket 4:23-cv-02114) Tuesday to HP’s June motion to dismiss (see 2307030008) in U.S. District Court for Northern California in Oakland.
Rankin County, Mississippi, which reached a compromise with Verizon last week over its denial of the carrier’s application to build and operate a cell tower (see 2307130004, is being sued by AT&T for refusing its payment demands for relocating a cell tower to accommodate a county project, said a Monday complaint (docket 3:23-cv-00457) in U.S. District Court for Southern Mississippi in Jackson.
Individual states that “abandoned” their own versions of Chevron deference haven’t suffered “negative consequences” as a result, said the Goldwater Institute (GI) in a U.S. Supreme Court amicus brief Tuesday (docket 22-451) in support of the petitioners in Loper Bright Enterprises v. Raimondo.
The court should dismiss a fraud class action against game developer King and Activation Blizzard and compel it to arbitration, said Activision's motion to dismiss (docket 3:23-cv-00314) Monday in U.S. District Court for Eastern Virginia in Richmond. Plaintiff Sorina Montoya claimed the defendants misled her and other players participating in a March mobile game tournament (see 2305110011). Activision seeks to have the case compelled to individual arbitration, dismissed for lack of personal jurisdiction or transferred to U.S. District Court for Central California.
Five newly announced FTC enforcement actions against illegal robocalls and telemarketing fraud marked Tuesday’s debut of Operation Stop Scam Calls, a nationwide “enforcement sweep” involving more than 100 federal and state agencies, including DOJ, the FCC and the attorneys general of all 50 states, plus the District of Columbia.
In 82 pages of “detailed factual findings,” U.S. District Judge Terry Doughty for Western Louisiana in Monroe found that federal officials “have covertly injected themselves into the content-moderation decisions of all major social-media platforms,” said the Republican attorneys general of Louisiana and Missouri and the individual plaintiffs in their brief Monday (docket 23-30445) at the 5th U.S. Circuit Court of Appeals in opposition to the government’s emergency motion to stay Doughty’s July 4 preliminary injunction. The New Civil Liberties Alliance also signed the brief.
A group of commercial fishing companies is urging the U.S. Supreme Court to do away with the Chevron doctrine, in a brief filed Monday in Loper Bright Enterprises v. Raimondo. Many observers consider SCOTUS likely to eliminate or severely limit Chevron deference (see 2306290063). The lead lawyer on the brief (docket 22-451) is Paul Clement, U.S. solicitor general under George W. Bush.
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.
Amazon and two subsidiaries sued China resident Li Qiang, Shenzhen Yinxi Electronic Commerce and “John Doe” defendants for trademark infringement of Amazon Fire TV remote controls, said a Monday lawsuit (docket 2:23-cv-01060) in U.S. District Court for Western Washington in Seattle.