The FCC’s Oct. 25 declaratory ruling authorizing E-rate funding for Wi-Fi on school buses (see 2312200040) was simply the commission’s response to requests to add to the list of services eligible for support under the E-rate program, the FCC’s 5th U.S. Circuit Appeals Court appellee brief said Monday (docket 23-60641) in support of the ruling.

Three defendants in In Re: MOVEit Customer Data Security Breach Litigation filed a joint motion (docket 3083) Monday to dismiss six class actions based on the home-state exception to the Class Action Fairness Act in U.S. District Court for Massachusetts in Boston.

Employees at Illinois companies that use Recognition Systems scanners are required to have their hand geometry scanned into a biometric device as a condition of employment, exposing them to “serious and irreversible privacy risks,” alleged an Illinois Biometric Information Privacy Act (BIPA) class action Monday (docket 9:24-cv-03999) in U.S. District Court for Eastern New York.

NetChoice and Ohio Attorney General Dave Yost (R), having filed dueling motions for summary judgment May 3 in U.S. District Court for Southern Ohio over the state's social media parental notification law (see 2405060004), followed that up Monday with dueling responses in opposition (docket 2:24-cv-00047).

Plaintiff Efstathios Maroulis and some 500,000 class members suffered “concrete injuries” due to a data breach at art auction house Christie’s, alleged Maroulis' class action Monday (docket 1:24-cv-04221) in U.S. District Court for Southern New York.

A product line manager at photonics company Lumentum bought 10,000 shares of NeoPhotonics a week before Lumentum announced it would buy the optoelectronics company, said an SEC securities fraud complaint Monday (docket 1:24-cv-04231) in U.S. District Court for Southern New York.

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 coalition of industry groups on Friday challenged the FCC's net neutrality order and declaratory ruling reclassifying broadband as a Communications Act Title II telecom service (see 2405310074). The coalition asked the FCC to stay the effective date of its order and declaratory ruling pending judicial review. Coalition members included USTelecom, NCTA, CTIA, ACA Connects and several state broadband associations.

Utah Attorney General Sean Reyes (R) sued TikTok Monday for its alleged “continued profiting" from deceptive design features that facilitate sexual exploitation, sex trafficking, distribution of pornography and other “illegal acts” through its “virtual currency system,” the complaint said. The suit alleges violations of Utah’s Consumer Sales Practices Act and was filed in 3rd Judicial District Court in Salt Lake County.

Utah Attorney General Sean Reyes (R) is seeking the dismissal of count VI of NetChoice’s 11-count complaint that argues Section 230 of the Communications Decency Act (see 2405060006) preempts the state’s Minor Protection in Social Media Act, a motion said Friday (docket 2:23-cv-00911) in U.S. District Court for Utah in Salt Lake City. Katherine Hass, director of Utah’s Division of Consumer Protection, joined Reyes in the motion.