Certain beauty products sold on Amazon Marketplace, “facilitated by Amazon,” use plaintiff Johnnetta Clemons’ image “to falsely promote and advertise” products as fulfilled by Amazon, said a trademark infringement lawsuit (docket 6:23-cv-02247) that Amazon removed Monday from the 9th Judicial Circuit Court in Orange County, Florida, to U.S. District Court for Middle Florida in Orlando.

Malicious actors accessed personal records of 3.9 million current and former Northwell Health patients between March 27 and May 2, but Northwell and its record-keeping vendor, Perry Johnson & Associates, kept the data breach hidden from the public until Nov. 3, alleged plaintiff Crystal Brewster’s class action Monday (docket 1:23-cv-08627) in U.S. District Court for Eastern New York in Brooklyn. Northwell runs 20 hospitals and more than 800 outpatient facilities in the New York area.

The Constitution vests all judicial power in the Article III courts, yet the U.S. Supreme Court’s 1984 Chevron decision holds that courts “must abdicate their independent judgment” and defer to federal agencies’ “interpretation of ambiguous statutes.” So said Relentless, Huntress and Seafreeze Fleet, the second set of petitioners urging SCOTUS to undo Chevron, in their opening brief Monday (docket 22-1219).

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.

Timothy Aguilar’s Oct. 13 complaint alleging that Network Insurance Senior Health Division (NISHD) hounded him with Medicare robocalls when he wasn’t even close to applying for benefits (see 2310200031) “fails to allege facts sufficient to state a cause of action,” said NISHD’s answer Monday (docket 4:23-cv-03988) in U.S. District Court for Southern Texas in Houston.

Amazon Web Services (AWS) refuses to provide direct internet connections via “peering,” linking its network to network optimization service provider Subspace and similar competitors, said an antitrust complaint (docket 2:23-cv-01772) filed Saturday in U.S. District Court for Western Washington in Seattle.

A California state appeals court ruling in Liapes v. Facebook (docket A164880) would make it unlawful to direct online information and advertisements to the people most likely to be interested in them, said NetChoice in an amicus letter Monday to the California Supreme Court, urging it to review the case.

Defendant Smartbiz Telecom hasn’t met its burden to show that it's entitled to judgment as a matter of law, said the office of Florida Attorney General Ashley Moody (R) in its response Friday (docket 1:22-cv-23945) in U.S. District Court for Southern Florida in Miami to Smartbiz’s Sept. 28 motion for summary judgment in the state's robocalling case against the VoIP provider (see 2309290007). Making or initiating calls under the Telephone Consumer Protection Act (TCPA) doesn't "turn on an entity’s status” under FCC regulations, it said.

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.

U.S. District Judge Kay Behm for Eastern Michigan in Flint granted plaintiff Michael Dahdah’s motion for reconsideration, reopening his Telephone Consumer Protection Act case against Rocket Mortgage and vacating her Sept. 12 order granting Rocket’s motion to dismiss, said her signed order Friday (docket 4:22-cv-11863). The judge also denied Rocket’s motion to compel Dahdah’s TCPA claims to arbitration, and granted Dahdah leave to file a motion to amend his complaint, according to her order.