U.S. District Court Judge Andrew Carter ordered the arbitration award in an Amazon seller dispute to be held in abeyance pending the court’s resolution of petitioner Cowin Technology’s forthcoming motion to remand the case to federal court, Cowin's motion to vacate, and any Amazon cross-motion to confirm, said the Tuesday order (1:23-cv-03054) in U.S. District Court for Southern New York in Manhattan.

U.S. District Judge Richard Bennett for Maryland in Baltimore signed a memorandum opinion Tuesday (docket 1:22-cv-02456) granting defendant Global Tower’s Jan. 31 motion to dismiss with prejudice property owner Olcan III’s claims for negligent misrepresentation, negligence and public nuisance emanating from a dispute over a rooftop cell tower.

Despite its “resounding” victory against Epic Games Monday, Apple is exploring legal options in response to the one antitrust claim the company lost before the 9th U.S. Circuit Court of Appeals, the company said in a statement Tuesday (docket 21-16506) (see 2304240060).

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.

After installing a software update for his Google Pixel 5 smartphone, plaintiff Steve Nichols, Fort Collins, Colorado, no longer had 5G service in locations where he previously did, alleged a Saturday fraud and breach of contract class action (docket 1:23-cv-01022) in U.S. District Court for Colorado in Denver.

Now that the Judicial Panel on Multidistrict Litigation has scheduled oral argument for May 25 on the petition to transfer the 16 data breach class actions against T-Mobile for consolidation under a single judge (see 2304170007), there’s “a strong likelihood” the JPML will resolve the petition in less than two months, said T-Mobile. It filed a reply Monday (docket 3:23-cv-00427) in U.S. District Court for Southern California in San Diego in support of a stay, pending JPML action, in one of those class actions, Shoemaker v. T-Mobile, over the opposition of the 46 named plaintiffs in that case (see 2304180014).

NAB's attempt to get the U.S. Court of Appeals for the D.C. Circuit to force the FCC to move on its 2018 quadrennial review isn't likely to result in new media ownership rules coming out of the agency soon in large part due to the 2-2 commissioner deadlock, broadcast experts told us. NAB's suit Monday seeks a writ of mandamus compelling the commission to complete the 2018 review within 90 days of a court decision. The NAB legal action was expected (see 2303290065). The FCC didn't comment.

Cisco and CDW seek reversal of a district court’s denial of a motion to transfer under the first-to-file rule when a party “asserts claims in a second federal court, having previously asserted the claims in a first federal court where litigation between the parties remains pending.” So said their petition for mandamus relief Tuesday (docket 23-40257) at the 5th U.S. Circuit Court of Appeals.

Nothing in California’s Age-Appropriate Design Code Act, AB-2273, restricts the content that businesses can provide to minors, and “any incidental effect the Act may have on businesses’ speech is justified by the State’s compelling interest in children’s welfare,” said California Attorney General Rob Bonta (D), in a Friday opposition (docket 5:22-cv-08861) to NetChoice’s April motion for preliminary injunction (see 2304070041) in U.S.District Court for Northern California in San Jose.

Plaintiff Trisha Teperson “is without sufficient knowledge” to form a belief for her allegations about Nogin’s pricing actions on its e-commerce platform, said the defendant’s Thursday answer (docket 8:23-cv-00281) to Teperson’s February false advertising class action in U.S. District Court for Central California in Santa Ana. Nogin “deceptively” advertised products from a “false reference price,” the San Diego resident alleged.