Backlight, media and entertainment technology company, names Telestream’s Benjamin Desbois chief operating officer ... IBM elects Mastercard CEO Michael Miebach to its board, effective Oct. 30 ... CDW adds Kelly Grier, recently retired Ernst & Young U.S. chair and managing partner, to its board ... Movie theater owner Marcus Corp. elects Thomas Kissinger, its senior executive vice president-general counsel, to its board ... Synopsys names PTC’s Jill Larsen chief people officer ... RealBlocks, web-based private equity platform, hires Addepar’s Ron Barasch as chief marketing officer ... E-commerce platform BigCommerce names Delphix’s Steven Chung president, effective Aug. 14 ... MacStadium, private Mac cloud provider, adds World Trade Center Atlanta’s Sherry Grote, also former Kore Wireless, as head-global marketing ... Monroe Capital names Jeff Kaye, ex-Wells Fargo Capital Finance, managing director-tech finance originations group.
Plaintiff Tracy McCarthy’s fraud claims against Amazon and its Audible subsidiary for deceptive practices under New York General Business Law (GBL) are time-barred and “duplicative,” said Amazon’s motion to dismiss (docket 2:23-cv-01019) the first amended complaint (FAC) Monday in U.S. District Court for Washington in Seattle.
U.S. District Judge John Koeltl for Southern New York in Manhattan granted his 10th deadline extension to Aug. 11 to the parties in the lawsuit in which four book publishers were granted summary judgment March 24 to thwart the Internet Archive from scanning print copies of physical books and lending the digital copies to users of IA’s website without the publishers’ permission (see 2303270006). The judge originally gave the parties an April 7 deadline to submit a proposal for the appropriate procedure to determine the judgment to be entered in the case. In each of the last several deadline extension requests, the parties told the judge they were “cautiously optimistic” there would be no further requests. Koeltl’s handwritten order Friday (docket 1:20-cv-04160) said there would be “no further extensions.”
Communications Litigation Today is tracking the following lawsuits involving appeals of FCC actions:
Amazon removed a seller breach of contract case (docket 1:23-cv-06549) from New York Supreme Court to the U.S. District Court for Southern New York in Manhattan Thursday, saying China-based Shenzhen Xingchen Xuanyuan Industrial’s verified complaint is subject to an arbitration agreement.
Senior U.S. District Judge Susan Hickey for Western Arkansas in El Dorado granted the motion of Arkansas Attorney General Tim Griffin (R) to remand his complaint against TikTok and ByteDance to Union County Circuit Court where it originated before TikTok and ByteDance removed it May 9 (see 2305100036), said Hickey’s signed order Tuesday (docket 1:23-cv-01038). Griffin’s complaint alleges Tik Tok and its parent company violated the Arkansas Deceptive Trade Practices Act by duping Arkansas consumers about the risks of the Chinese government gaining access to and exploiting their personal data.
Communications Litigation Today is tracking the following lawsuits involving appeals of FCC actions:
Amazon and two subsidiaries sued China resident Li Qiang, Shenzhen Yinxi Electronic Commerce and “John Doe” defendants for trademark infringement of Amazon Fire TV remote controls, said a Monday lawsuit (docket 2:23-cv-01060) in U.S. District Court for Western Washington in Seattle.
Google removed a pro se fraud case over a disabled Gmail account from District of Columbia Superior Court to U.S. District Court for the District of Columbia, said a Thursday notice of removal (docket 1:23-cv-02013), saying attempting to hold Google liable for disabling an email account is barred by Section 230 of the Communications Decency Act. Consumer Patricia Baker sued Google June 16, alleging it denied her access to her email account over fraudulent claims her account was involved in content involving a child “being sexually abused or exploited." Baker appealed the action per Google instructions and received a response in March about her YouTube channel instead, saying the channel wouldn’t be put back on YouTube because it violated community guidelines. Baker asserts she wasn’t given details surrounding the alleged email violation or the IP address of the device from which the activity originated. Baker claims breach of contract, fraud and intentional infliction of emotional distress, plus violations of the First, Fifth and 14th amendments. She seeks $2.5 million in damages. Google didn’t comment.
Communications Litigation Today is tracking the following lawsuits involving appeals of FCC actions: