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.
Alex Kozinski, a lawyer for former President Donald Trump and several of his co-defendants, faced tough questioning in oral argument Wednesday from 9th Circuit U.S. Court of Appeals Judge Jay Bybee about the breadth of evidence on which they’re basing their challenge of the district court’s dismissal of their complaint against Twitter on First Amendment grounds.
Amazon’s market power over sellers creates “artificially high prices across the web,” alleges a Tuesday antitrust class action (docket 2:23-cv-01523) in U.S. District Court for Western Washington in Seattle. Rather than fostering a free and competitive e-commerce economy, “Amazon chose the path of quick and unfettered profits by unlawfully exercising their monopolistic powers in violation of antitrust law,” it said.
Plaintiff Tiffany McDougall’s argument that she shouldn't be compelled to arbitration in a fraud suit against Samsung because the arbitration agreement is unconscionable “is without merit,” said U.S. District Judge Lorna Schofield for Southern New York in Manhattan in a Tuesday order (docket 1:23-cv-00168).
The 5th U.S. Circuit Court of Appeals, in a newly revised opinion Tuesday (docket 23-30445), granted on rehearing the requests to add the Cybersecurity and Infrastructure Security Agency to the list of federal agencies enjoined in the injunction against Biden administration officials from "coercing or significantly encouraging" social media platforms to moderate their content. The Republican attorneys general of Louisiana and Missouri and five individual social media plaintiffs requested the addition.
A federal court may provide injunctive relief only to a named plaintiff, “unless a class has been certified or broader relief is necessary to redress that plaintiff ’s injury,” said Apple’s cert petition against Epic Games, dated Sept. 28 and docketed Monday at the U.S. Supreme Court (docket 23-344).
An unknown threat actor placed Christopher Brown’s personal information on the internet via “misappropriated conduct” on PlayStation and Microsoft services while Brown was playing video games, said the Rochester, New York, pro se plaintiff in a fraud complaint Monday (docket 6:23-cv-06566) against Digital Forensics in U.S. District Court for Western New York in Rochester. Brown sought documentation from Digital Forensics that would help him discover information about the threat actor, it said.
A fraudulent Best Buy Geek Squad email enabled defendants to defraud Florida husband and wife plaintiffs of $69,335, said their racketeering and fraud complaint (docket 1:23-cv-23756) Monday in U.S. District Court for Southern Florida in Miami. The lawsuit names Zhenzhen Lin, “unknown conspirators,” Bank of America, JPMorgan Chase and Best Buy.
Fred Moorefield, who long oversaw spectrum policy at DOD, was charged with promoting and furthering animal fighting. Moorefield has been on leave from DOD, where he was deputy chief information officer-command, control and communications. Industry officials said Monday's announcement was a surprise but may have limited effect since Moorefield’s retirement was expected. Charges were filed in U.S. District Court for Maryland.
Plaintiffs Feliks Roitman and Yekaterina Shkolnik “strenuously object” to defendant T-Mobile’s assertion that their claims should be in arbitration rather than in U.S. District Court for Eastern New York in Brooklyn, their counsel wrote U.S. District Judge Eric Vitaliano in a letter opposition Friday (docket 1:23-cv-06159) to T-Mobile’s anticipated motion to compel arbitration.