Facebook and Twitter violated boxer and political activist Cara Castronuova’s free speech rights, said her Thursday First Amendment lawsuit (1:23-cv-07511) against Meta and Twitter, now X Corp., filed Saturday in U.S. District Court for Eastern New York in Brooklyn. The complaint also names President Joe Biden and U.S. Surgeon General Vivek Murthy.
Kohl’s denies all the allegations in plaintiff Ruhi Reimer’s first amended complaint that it violated the Telephone Consumer Protection Act and the Virginia Telephone Privacy Protection Act (VTPPA), said its answer Thursday (docket 2:23-cv-00597) in U.S. District Court for Eastern Wisconsin in Milwaukee.
The 5th Circuit U.S. Court of Appeals’ Oct. 3 “amended decision,” on panel rehearing, that extended the social-media injunction to additional officials of the Biden administration (see 2310040001) “further confirms” that the U.S. Supreme Court should grant the government’s pending emergency application for a stay, pending SCOTUS disposition of the government’s forthcoming cert petition to vacate the injunction entirely, said DOJ’s third supplemental memorandum Thursday (docket 23A243) in support of that emergency application.
Amazon keeps money owed to its customers who timely followed its return policies by returning purchases directly to the company, or to locations designated by Amazon to return such purchases, alleges a Thursday class action (docket 2:23-cv-01545) in U.S. District Court for Western Washington in Seattle.
The FCC and DOJ seek dismissal of Indian Peak Properties’ petition for review for lack of jurisdiction, said their motion Thursday (docket 23-1223) in the U.S. Court of Appeals for the D.C. Circuit.
The U.S. Judicial Panel on Multidistrict Litigation (JPML) rejected plaintiff Bruce Bailey’s July motion to transfer 10 actions involving the May MOVEit file transfer software data breach to U.S. District Court for Minnesota, said a Wednesday transfer order (docket 3083) signed by Chair Karen Caldwell. Bailey filed a class action July 5 against MOVEit owner Progress Software Corp. (PSC) and Pension Benefits Information (PBI) (docket 0:23-cv-02028) for breach of contract and other violations as a result of the breach.
The plaintiffs in the case against Jacob Wohl and Jack Burkman for their roles in the robocall campaign to suppress Black citizens' mail-in votes in the 2020 election want U.S. District Judge Victor Marrero for Southern New York in Manhattan to order the two defendants to disclose by Nov. 4 whether they intend to testify at trial, the plaintiffs’ counsel, Amy Walsh of Orrick Herrington, wrote the judge in a letter Wednesday (docket 1:20-cv-08668).
The FTC’s motion to strike certain affirmative defenses in its antitrust case to block Iqvia’s Propel Media buy is an “unnecessary distraction in the midst of fast-paced discovery” that’s “without any substantial legal basis,” said defendants Wednesday in a memorandum of law (docket 1:23-cv-06188) opposing the motion in U.S. District Court for Southern New York in Manhattan.
Robert F. Kennedy Jr. fails to state a plausible claim that Google, “a private company,” engaged in any state action, and his free speech claim under the California constitution is barred by Section 230, said Google’s Tuesday motion to dismiss with prejudice (docket 3:23-cv-03880) Kennedy’s first amended complaint in U.S. District Court for Northern California in San Francisco.
Despite its promise of “Guaranteed Delivery,” Amazon sometimes fails to deliver products by the date or time promised, and a refund promised by the guarantee “is not always provided,” alleges a class action (docket 2:23-cv-01529) notice of removal Wednesday from State of Washington Superior Court for King County to U.S. District Court for Western Washington in Seattle.