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.

Two plaintiffs’ lawsuit against T-Mobile in a SIM swap fraud case “belongs in arbitration,” said the defendant's memorandum of law Friday (docket 1:23-cv-06159) in U.S. District Court for Eastern New York in Brooklyn in support of its motion to compel arbitration and stay the case, pending the outcome of that arbitration.

The Schools, Health & Libraries Broadband Coalition seeks leave to intervene on the FCC’s behalf in opposing a petition asking that the 5th U.S. Circuit Court of Appeals review the commission's Oct. 25 declaratory ruling authorizing funding for Wi-Fi service and equipment on school buses under the agency's E-rate program (see 2312200040), said the coalition’s unopposed motion Friday (docket 23-60641).

Comcast's Xfinity “waited weeks” to patch its systems against the “Citrix Bleed” vulnerability in the cloud service company’s software that led to an Oct. 10 data breach, said a negligence class action Friday (docket 2:24-cv-00258) against both companies in U.S. District Court for Eastern Pennsylvania in Philadelphia.

Iowa Attorney General Brenna Bird (R) sued TikTok for deceiving Iowa parents about “children’s widespread access to inappropriate content” on its platform, said her Wednesday news release announcing a fraud complaint against the social media platform in Iowa District Court for Polk County in Des Moines.

The FCC seeks to dismiss the petition for review filed Dec. 21 by the Insurance Marketing Coalition (see 2312220059) because it is “premature,” and the 11th U.S. Court of Appeals therefore lacks appellate jurisdiction to consider it, said the commission’s motion Friday (docket 23-14125).

SaurikIT, whose appeal of a district court’s dismissal of an antitrust suit vs. Apple was rejected by the 9th U.S. Circuit Court of Appeals last month, filed a petition Thursday (docket 22-16527) for rehearing and rehearing en banc.

The idea that some types of social media use by some minors under certain conditions “can adversely affect some segment of this cohort is no basis for imposing state restrictions on all social media use by all minors,” said four Utah residents in a Jan. 12 complaint (docket 2:24-cv-00031) in U.S. District Court for Utah in Salt Lake City challenging the constitutionality of the Utah Social Media Regulation Act.

Plaintiff Misael Ambriz’s privacy complaint against Google should be dismissed under Rule 12(b)(6), said Google's motion Tuesday (docket 3:23-cv-05437) in U.S. District Court for Northern California in San Francisco. Google can’t be held liable under the California Invasion of Privacy Act (CIPA) “for merely providing a software program -- the modern equivalent of a tape recorder” -- that Verizon uses for customer service calls, said Google's memorandum of points and authorities in support of the motion.

U.S. Magistrate Judge Mustafa Kasubhai should deny AT&T’s Nov. 17 motion to reconsider and reverse his Oct. 25 opinion and order granting summary judgment for Lane County, Oregon, and to approve AT&T’s application that the county denied for a 150-foot cell tower (see 2311200016), said the county’s opposition Tuesday (docket 6:22-cv-01635) in U.S. District Court for Oregon in Eugene.