The district court erred in concluding that TikTok and its individual users were likely to prevail on the merits of their First Amendment, supremacy clause and commerce clause challenges to SB-419, Montana’s statewide TikTok ban, said Attorney General Austin Knudsen’s (R) opening brief Friday (docket 24-34) at the 9th U.S. Circuit Appeals Court. He's seeking to reverse the injunction that blocks him from enforcing the ban (see 2312010003).

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.

A long-time T-Mobile customer is suing the carrier over the “regulatory programs & telco recovery fee” on its monthly invoices, said a class action removed Thursday to U.S. District Court for Central California in Los Angeles.

Petitioners Wendy Smith, Michelle Martinez and Kenneth Turner are asking the U.S. Supreme Court to reverse the 9th U.S. Circuit Appeals Court’s affirmation of the district court’s dismissal of their case after compelling their claims to arbitration, saying the case “presents an important question of statutory construction under the Federal Arbitration Act.” Their opening brief was filed Feb. 26 (docket 22-1218).

OpenAI, under its new board put in place during a tumultuous period in November amid Sam Altman’s ouster and return as CEO, is "refining" its artificial general intelligence (AGI) to maximize profits for Microsoft, "rather than for the benefit of humanity,” said Elon Musk’s fraud complaint Thursday (24-612746) in San Francisco County Superior Court.

Telephone Consumer Protection Act plaintiff Thomas Grant seeks limited expedited discovery to preserve relevant records of calls that Republican Vivek Ramaswamy’s 2024 presidential campaign made to Grant and his putative class, said the plaintiff’s motion Thursday (docket 2:24-cv-00281) in U.S. District Court for Southern Ohio in Columbus.

Business Insider parent Insider Inc. violates the California Invasion of Privacy Act (CIPA) by using a tracking tool that collects the IP addresses of visitors to its website without prior consent and a court order, alleged a class action Thursday (docket 1:24-cv-01566) in U.S. District Court for Southern New York in Manhattan.

Jacob Wohl and Jack Burkman seek reconsideration of U.S. District Judge Victor Marrero’s March 8 order granting summary judgment against them for their roles in the robocall campaign designed to suppress Black citizens' mail-in votes in the run-up to the 2020 election (see 2303090003), said their letter motion Wednesday (docket 1:20-cv-08668) in U.S. District Court for Southern New York in Manhattan.

Walla Walla, Washington, seeks summary judgment against AT&T’s claim that the city violated Section 332 of the Telecommunications Act. It's challenging AT&T's contention that a city hearing examiner’s denial of its application to build a 65-foot cell tower wasn’t supported by substantial evidence (see 2312040002), said Walla Walla’s motion Wednesday (docket 4:23-cv-05162) in U.S. District Court for Eastern Washington in Richland.

Two streaming video apps violated the Video Privacy Protection Act (VPPA) by integrating Meta tracking code into their platforms to disclose subscribers’ video viewing history to Meta for advertising and marketing purposes, said separate class actions against MLB.tv and FitOn.