Plaintiff Dominic Fiacco’s claims against the University of Rochester in a fraud case (docket 6:23-cv-97200) involving Progress Software Corp.'s May MOVEit data breach “shares extremely limited factual overlap” with centralized actions in In Re: MOVEit Customer Data Security Breach Litigation. So said Fiacco’s memorandum Monday (docket 3083) before the U.S. Judicial Panel on Multidistrict Litigation in support of his motion to vacate conditional transfer order 7 (CTO-7) with respect to his case.
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 filed nearly identically worded lawsuits in three federal courts Thursday seeking to halt separate sets of alleged fraudsters from running the “impersonation” scams that dupe consumers into buying fake Amazon support services for activating Prime Video on their devices.
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.
Skidmore College discovered a data breach on Feb. 17 and only began notifying affected individuals Sept. 15, alleged plaintiff Mary Cogan in a class action Thusrday (docket 1:23cv1409) in U.S. District for Northern New York in Syracuse.
Charter Communications continues to ignore the “actual text” of the “saving clause” in the 2005 Texas Cable Act and asks the 5th U.S. Circuit Appeals Court to interpret that provision in a manner that makes the saving clause “a nullity,” said Prewitt Management’s reply brief Thursday (docket 23-50419).
The Children’s Online Privacy Protection Act (COPPA) claims in California et al. vs. Meta, brought in U.S. District Court for Northern California in Oakland last month by 33 attorneys general (see 2310250066), are “self-defeating,” said attorney Cathy Gellis on a Chamber of Progress webinar Thursday examining social media addiction lawsuits pending before state and federal courts.
U.S. District Judge William Orrick for Northern California in San Francisco granted SiriusXM’s motion to compel the fraud claims of class-action plaintiffs Ayana Stevenson, David Ambrose and Lisa Ramirez to arbitration (see 2309050054), said his signed order Thursday (docket 3:23-cv-02367). The judge granted the plaintiffs’ request to dismiss the case without prejudice so that they may immediately appeal.
U.S. District Judge Jennifer Rochon for Southern New York in Manhattan denied former Amazon third-party seller Shenzhen Zongheng Domain Network's petition to vacate an arbitration award in Amazon’s favor, and granted Amazon’s cross-motion to confirm that award, said her signed opinion and order Tuesday (docket 1:23-cv-03334).
A defect in Intel central processing units (CPUs) can only be “fixed” by adopting a patch that slows CPU performance by as much as half, said a fraud complaint (docket 4:23-cv-05761) Wednesday in U.S. District Court for Northern California in Oakland.