The two dozen petitioning iPhone users are “correct” that there’s a profound “circuit split” about how the appellate courts interpret the “law of preemption” as it applies to the FCC and the Telecommunications Act to override state or local enforcement of RF emission safety standards for cellphones, said Berkeley, California's amicus brief (docket 22-698) at the Supreme Court Wednesday in support of the petitioners.
Motorola Solutions filed for leave to intervene as of right in support of the FCC in Hikvision USA’s petition to review the commission’s Nov. 25 order barring the authorization of network equipment considered a threat to U.S. national security, said its motion Wednesday (docket 23-1032) in the U.S. Court of Appeals for the D.C. Circuit. Hikvision has no objections to the motion, the FCC consents to it and DOJ takes no position, said Motorola.
Court rules include “no prohibition” against the attorneys general of Louisiana and Missouri filing their 350-page supplemental fact memo in support of their motion for a preliminary injunction to block what they allege is the Biden administration’s collusion with Big Tech to censor right-leaning social media content in violation of the First Amendment (see 2303100002). So said a memorandum order (docket 3:22-cv-01213) signed Wednesday by U.S. District Judge Terry Doughty for Western Louisiana in Monroe, denying DOJ’s motion to strike the fact memo for the undue burden DOJ said it would put on the government to respond.
Plaintiff Cynthia Redd’s motion to remand her Illinois Biometric Information Privacy Act case against Amazon Web Services is "moot” and should be denied, said AWS' opposition Wednesday (docket 1:22-cv-06779) in U.S. District Court for Northern California.
The court should reject Universal Music Group’s and other record labels' request for an additional $13 million recovery, said Grande Communications Networks in an opposition motion (docket 1:17-cv-00365) filed Wednesday in U.S. District Court for Western Texas in Austin. The plaintiff music labels filed notice Monday of a conditional cross-appeal at the 5th U.S. Circuit Appeals Court of the final judgment entered Jan. 30 in their favor by U.S. District Judge David Ezra.
SaurikIT’s December 2020 antitrust complaint against Apple for its alleged illegal monopoly of software distribution on its App Store is “hopelessly time-barred,” said Apple’s Monday appellee brief (docket 22-16527) in the 9th Circuit U.S. Court of Appeals.
Two more lawsuits were filed Tuesday against social media companies over their platforms’ alleged roles in rising mental health disorders among U.S. youth. Some 70 similar actions have been transferred and assigned to U.S. District Judge Yvonne Gonzalez Rogers for Northern California in Oakland since October.
U.S. District Judge Leonie Brinkema for Eastern Virginia in Alexandria denied Google’s motion to transfer to the Southern District of New York the digital advertising antitrust case brought against the company by DOJ and eight states (see 2303060057), said her memorandum opinion Tuesday (docket 1:23-cv-108). Google wanted the case moved to SDNY to be litigated as a separate civil action alongside the more than two dozen multidistrict litigation (MDL) antitrust actions involving the company's activities in the online advertising technology industry that are consolidated under U.S. District Judge Kevin Castel for pretrial proceedings.
DirecTV litigation accusing Nexstar and its broadcast sidecars Mission and White Knight of colluding to set retransmission consent fee prices is likely more a retrans consent negotiation tactic than a direct attack on sidecar operations, broadcast lawyers told us.
The Republican attorneys general of Louisiana and Missouri don’t dispute they didn’t seek, and the court didn’t provide, authorization to file their 350-page “fact memo” in support of their motion for a preliminary injunction to block the Biden administration’s alleged collusion with Big Tech to censor right-leaning social media content in violation of the First Amendment (see 2303140027). So said DOJ’s reply memorandum Tuesday (docket 3:22-cv-01213) in U.S. District Court for Western Louisiana in Monroe in support of its motion to strike the fact memo.