The 5th U.S. Circuit Court of Appeals should affirm the district court’s “sound, thorough, and well-reasoned” declaratory judgment absolving Charter Communications of any further monetary obligations under a 1964 revenue-sharing cable-permit agreement signed by the predecessor companies of Charter and Prewitt Management, said Charter’s responding appellee brief Thursday (docket 23-50419).

Plaintiff Marcelo Muto “willingly and proactively” signed up for J.Crew’s email list when he enrolled in its Passport rewards program, said the apparel company’s memorandum Thursday (docket 1:23-cv-07429) in U.S. District Court for Southern New York in Manhattan in support of its motion to dismiss Muto’s Aug. 22 California Invasion of Privacy Act (CIPA) class action (see 2308230005). Muto alleges J.Crew uses the services of Bluecore, its third-party email vendor, to enable wiretapping of the electronic communications of visitors to its website.

The FTC “seeks to establish an entirely new theory of legal liability based on misleading and subjective characterizations of unremarkable marketing techniques,” said the FTC’s Wednesday motion to dismiss (docket 2:23-cv-00932) the commission’s amended complaint in U.S. District Court for Western Washington in Seattle. Under basic principles of due process, any modification of the law must occur through legislation or regulation, “and not through enforcement actions seeking to impose massive and retroactive civil liability,” it said.

The FTC disagrees with the Oct. 13 assertions of Microsoft and Activision Blizzard that the recent U.K. Competition and Markets Authority (CMA) decision granting final approval of Microsoft’s $69 billion Activision buy and the subsequent consummation of that transaction provides a basis for the 9th U.S. Circuit Appeals Court’s “affirmance” of the merger, FTC counsel Imad Abyad wrote the 9th Circuit clerk in a rebuttal letter Wednesday (docket 23-15992). "Contrary to" those Oct. 13 assertions, recent developments that Microsoft and Activision cited in their favor as resolving all of the FTC's U.S. competition concerns do nothing of the sort, said Abyad.

MOVEit file transfer software owner Progress Software Corp. (PSC) inadequately safeguarded class members' private information it maintained and failed to provide timely and adequate notice of its May data breach to plaintiffs and class members, alleged a September class action (docket 6:23-cv-01532) PSC removed Wednesday to U.S. District Court for Oregon in Eugene. The negligence case was filed Sept. 13 in Oregon’s Marion County Circuit Court against PSC and Oregon’s Department of Transportation (ODOT).

The motion of GoTo Technologies and LastPass to dismiss the fraud complaint arising from a 2022 data breach should be denied in its entirety, said the plaintiffs’ response in opposition Wednesday (docket 1:22-cv-12047) in U.S. District Court for Massachusetts in Boston.

Dow Jones and National Geographic Partners knowingly disclosed to Facebook information that identifies plaintiffs and class members, said two Video Privacy Protection Act (VPPA) class actions filed Tuesday by law firms of Jibrael Hindi, Hiraldo and Eisenband Law in U.S. District Court for Middle Florida in Tampa.

Oral argument Tuesday in U.S. District Court for Oregon in Eugene on the cross-motions for summary judgment over Lane County’s denial of AT&T’s application to build a 150-foot-tall cell tower (see 2210260009) focused prominently on the county’s assertion the federal court lacks jurisdiction to hear the case because AT&T failed to appeal the denial to the state’s Land Use Board of Appeals (LUBA) as Oregon law requires.

The seven residents of Belmar, New Jersey, who previously asked to intervene in Verizon’s complaint to force Monmouth County’s approval of an application to install nine small wireless facilities (SWFs) in the public rights of way (ROW) (see 2309280027) now seek dismissal of Verizon’s complaint, said their motion Tuesday (docket 3:23-cv-18091) in U.S. District Court for New Jersey in Trenton.

Zoom fails to cancel the subscription plans of customers who cancel their paid monthly accounts, said a Tuesday class action (docket 5:23-mc-80271) in U.S. District Court for Northern California in San Jose.