A busy communications litigation calendar is set for early 2023, highlighted by Jan. 12 oral argument in the 2nd U.S. Circuit Court of Appeals, where New York Attorney General Letitia James (D) is trying to reverse a preliminary injunction that bars her from enforcing the state’s Affordable Broadband Act (ABA) over the objections of the New York State Telecommunications Association, CTIA and other trade groups (docket 21-1975).
The Supreme Court should “narrow the scope” of Communications Decency Act Section 230 and reverse the 9th Circuit’s decision shielding YouTube from liability in Gonzalez v. Google (docket 21-1333), Texas Attorney General Ken Paxton (R) wrote in a merits-stage amicus brief announced Thursday (see 2212070026).
Parler denies plaintiff Catherine Migliano’s assertions that it waived its “contractual right” to arbitrate her Telephone Consumer Protection Act dispute, said the social media platform in a reply memorandum Tuesday (docket 0:22-cv-61805) in U.S. District Court for Southern Florida in Fort Lauderdale in support of its motion to dismiss.
The Corinth, New York, planning board's denial of AT&T’s site plan review application to build a 150-foot-tall monopole wireless telecommunications tower in the middle of a residential neighborhood “must not be disturbed,” said the town’s opposition Friday (docket 1:21-cv-00149) in U.S. District Court for Northern New York in Syracuse. AT&T had filed an Oct. 14 motion for summary judgment. Friday's filing also was in support of the town's own cross-motion for summary judgment.
Each side in Core Communications’ legal fight to recover $11.4 million in unpaid access services charges from AT&T (see 2211230053) pointed the finger at the other in arguing which bears the burden of proof in showing that the calls at issue were legitimate and not improper robocalls.
Contrary to the assertions of defendants SellLocked, Guru Holdings and owner Jakob Zahara that Xfinity Mobile’s motion for expedited discovery should be denied in XM’s handset trafficking complaint (see 2212190054), expedited discovery to third parties “is necessary to preserve relevant evidence,” said the wireless provider in a Dec. 22 reply in support of its motion (docket 2:22-cv-01950) in U.S. District Court for Arizona in Phoenix.
Meta’s Within Unlimited buy “is likely to result in anticompetitive harm by lessening competition” in the virtual reality dedicated fitness app market, “where Within’s Supernatural is the leading firm in a highly concentrated market,” said the FTC’s proposed findings of fact and conclusions of law Friday (docket 5:22-cv-04325) in its lawsuit in U.S. District Court for Northern California in San Jose for a preliminary injunction that would block the transaction.
U.S. Magistrate Judge Jeffrey Gilbert for Northern Illinois in Chicago granted in a Friday docket entry plaintiffs Craigville Telephone and Consolidated Telephone’s Thursday partial consent motion (docket 1:19-cv-07190) to extend the deadline to amend pleadings and join parties in their class action against T-Mobile over false ring tones. T-Mobile had argued that plaintiffs’ interrogatories “did not need to be made” and should be denied (see 2212230004).
The Dec. 21 class action alleging T-Mobile failed to protect customers' information in a SIM card swap fraud (see 2211160016) was assigned to U.S. District Judge Lauren King for Western Washington in Seattle, whose Dec. 22 summons gave the defendant 21 days to answer the complaint (docket 2:22-cv-1805).
The village of Oyster Bay Cove, New York, and its planning and zoning appeals boards subjected AT&T to an “unreasonably protracted” application process to approve an 85-foot-tall cell tower, ultimately failing to act on the application before the last-extended expiration of the Telecommunication Act’s shot clock Nov. 23, alleged the carrier in a Dec. 22 complaint (docket 2:22-cv-07807) in U.S. District Court for Eastern New York in Central Islip.