Ligado will oppose Iridium's request to intervene in its L-band litigation against the U.S., the company said in an email to us. Iridium and aviation interests filed an amicus brief with the U.S. Court of Federal Claims last week joining the U.S. in opposing the suit (see 2402120009). Ligado said Iridium is a competitor, and DOD -- also a defendant in Ligado's suit -- is one of its largest sources of revenue. "Iridium is using its proposed participation to support a primary customer, shield itself from discovery, and benefit from the government’s taking of our property," Ligado said. "Contrary to the amicus curiae parties’ assertions, the bipartisan FCC unanimously authorized Ligado to operate terrestrial 5G services within our licensed spectrum after a rigorous, multiyear process," it said. "That April 2020 decision is final."
Ligado's federal complaint about its planned L-band use is against the U.S., Commerce, DOD and NTIA (see 2402120009).
Ligado's federal complaint about its planned L-band use "rests in critical parts on a skewed, misleading narrative," satellite and aviation interests told the U.S. Court of Federal Claims Friday in an amicus brief (docket 1:23-cv-1797) backing the government's motion to dismiss Ligado's suit against the U.S., DOD, Commerce and NTIA (see 2401260003). Iridium, Aireon, the Air Line Pilots Association, Airlines for America and the International Air Transport Association said that their concerns about interference from Ligado's plans for a terrestrial L-band network "should inform the Court’s consideration." The concerns about "harmful interference arising from Ligado’s planned terrestrial operations are real and ongoing, not pretextual or resolved," they said. The brief said the U.S. argument that Ligado doesn't have a property interest in its L-band license, and thus the Constitution's takings clause isn't implicated, "is underscored by the fact that Ligado’s license remains subject to substantial contingencies," including ones stemming from multiple reconsideration petitions before the FCC and from the possibility of judicial review if the agency denies the petitions.
The 9th U.S. Circuit Court of Appeals released from its mediation program Ford’s appeal of the district court’s Nov. 7 denial of its motion to compel the 3G telematics claims of four class-action plaintiffs to arbitration (see 2312230002), said a text-only docket entry Wednesday (docket 23-3966). Ford’s appellant opening brief in the appeal is now due March 18, and the plaintiffs’ appellee brief is due April 17, said the notice. The plaintiffs allege the 3G modems on Ford vehicles they bought or leased were rendered inoperable, as were the roadside assistance features that depended on those modems, after AT&T’s 3G phaseout in 2022. Ford moved to compel their claims to arbitration based on the sales contracts or lease agreements the four plaintiffs had signed, plus the “connected services” agreements three of the plaintiffs signed to operate their FordPass and Lincoln Way apps. But the U.S. District Court for Southern California sided with the plaintiffs, who argued that Ford can’t enforce those agreements, or that they don’t provide for mandatory arbitration.
U.S. District Judge James Cain for Western Louisiana in Lake Charles signed a judgment Thursday (docket 2:21-cv-00923) dismissing with prejudice under Rule 41 of the Federal Rules of Civil Procedure all the Walker family’s RF radiation claims against AT&T, Cricket, Microsoft, Motorola, ZTE, plus CTIA and the Telecommunications Industry Association. Each party will bear its own costs, said the judgment. Frank Walker's widow and two sons recently threw in the towel on their April 2021 allegations that defective phones led to his death from brain cancer in 2020 (see 2312260004).