Arizona Republican Party Chair Kelli Ward “has made no secret of her support for Donald Trump,” her concerns about the “integrity” of the 2020 election or her role in sending “an alternate slate of electors” to Washington, she told the 9th Circuit U.S. Court of Appeals Monday in her emergency motion for an injunction, pending appeal, to block T-Mobile’s release of her phone records under subpoena from the House Jan. 6 Select Committee (see 2210170001). The “only reason” to subpoena Ward’s phone records “is to get at those with whom she associated and to question them about their communications” with the state GOP chair, she said in her reply (docket 22-16473) to the committee’s opposition.
At a federal court’s prompting, AT&T invoked the deemed-granted provision of the Illinois small-cells law in a wireless infrastructure dispute with Monroe County. The U.S. District Court in East St. Louis, Illinois, last month declined to give AT&T summary judgment on other state law and Telecom Act violations alleged against Monroe County (case 3:20-CV-1327-NJR). But the court asked AT&T to amend its complaint to raise a shot-clock issue the carrier had raised too late in the process.
U.S. District Judge Maryellen Noreika in Wilmington, Delaware, signed an order Thursday (docket 1:22-cv-01341) granting Averon’s motion for leave to file under seal its complaint alleging AT&T and mobile sign-in app ZenKey “misappropriated” its trade secrets.
T-Mobile told Arizona GOP Chair Kelli Ward that it plans to produce her phone records Wednesday under subpoena for the House Jan. 6 select committee investigating her efforts to thwart certification of the 2020 presidential election, the carrier told the 9th Circuit U.S. Appeals Court Friday (docket 22-16473) in a response Friday to Ward’s emergency motion, pending appeal, to block the records’ disclosure. T-Mobile again asserted it takes no position in the legal fight between Ward and the committee to procure the phone records.
CBE Customer Solutions removed to U.S. District Court in Manhattan a complaint in which Verizon Wireless alleges its debt-collection agency is guilty of breach of contract, said CBE's notice of removal Thursday (docket 1:22-cv-08703). The carrier alleges that CBE “refused to comply” with an indemnification agreement between the parties, costing the carrier nearly $6.1 million in damages and court costs spent in negotiating, finalizing and executing a Telephone Consumer Protection Act class settlement. CBE does not concede that the allegations “state a valid claim under applicable law,” it said in the notice.
Multiple infrastructure lawsuits by wireless companies against local governments rose to federal appeals courts in recent months. Meanwhile, across the U.S., industry continues to litigate against some localities in district courts while settling with others. Local governments had warned that the FCC’s 2018 small-cells order, preempting aspects of local reviews, would cause more litigation, “and I think it did,” said former NATOA General Counsel Nancy Werner.
Comcast faces a Wednesday deadline to answer a Minnesota complaint that it violated the Telephone Consumer Protection Act under a deadline extension order signed Oct. 3 by U.S. Magistrate Judge Leo Brisbois in Duluth. Comcast filed notice Sept. 28 to move to U.S. District Court in St. Paul (docket 0:22-cv-02377) the TCPA complaint filed Sept. 7 in Ramsey, Minnesota, state court.
Plaintiffs in the nine class actions filed so far accusing Samsung of negligence in the summer’s data breaches asked the Judicial Panel on Multi-District Litigation to transfer and consolidate the cases in the U.S. District Court in San Francisco and assign them to District Judge Jacqueline Scott Corley, said their Oct. 7 motion (case no. 3005).
The FTC said Thursday it’s unfazed by Meta’s motion to dismiss the agency’s amended complaint (docket 5:22-cv-04325) in U.S. District Court in San Jose, in which the FTC seeks an injunction to block Meta’s acquisition of Within Unlimited and its Supernatural virtual-reality fitness app on anticompetitive grounds (see 2210130082).
The village of Muttontown, New York, asked for a two-week deadline extension to Oct. 26 to answer a complaint that the municipality dragged its feet on AT&T's application to remedy a service gap, per a letter motion filed Tuesday (docket 2:22-cv-5524) at the U.S. District Court in Central Islip, New York. AT&T consented to the delay, according to a stipulation attached to the letter motion. U.S. Magistrate Judge Lee Dunst granted the motion Thursday.