ESO Solutions’ motion to strike the class allegations in a consolidated class action complaint (CCAC) involving its September data breach is “premature and meritless,” said the plaintiffs’ memorandum of law Tuesday (docket 1:23-cv-01557) in U.S. District Court for Western Texas in Austin in opposition to ESO’s March 28 motion.

The federal antitrust laws strictly limit who may bring damages claims to only those injured directly by anticompetitive behavior, said T-Mobile’s petition for interlocutory review Monday (docket 24-8013) in the 7th U.S. Circuit Court of Appeals.

HP’s claim that it’s entitled to dismissal of an 80-count antitrust and consumer fraud class action depends on "applying pleading standards that have no basis in the law of this circuit," said the response Monday (docket 1:24-cv-00164) in U.S. District Court for Northern Illinois in Chicago from the 11 plaintiffs in opposition to HP's motion to dismiss.

Coppe Healthcare Solutions failed to state a claim upon which relief may be granted, said defendant Brightsky, parent company to Simplifi, in its answer (docket 2:24-cv-00088) and affirmative defenses to Coppe’s negligence complaint Monday in U.S. District Court for Eastern Wisconsin in Milwaukee.

Here are Communications Litigation Today's top stories from last week, in case you missed them. Each can be found by searching on its title or by clicking on the hyperlinked reference number.

A week before Jacob Wohl and Jack Burkman were to stand trial before a jury on damages for their roles in the robocall campaign to suppress Black citizens' mail-in votes in the run-up to the 2020 election (see 2312040022), they and the 10 plaintiffs in the case against them, including New York Attorney General Letitia James (D), proposed a consent decree Monday (docket 1:20-cv-08668) that would avert that trial.

U.S. Magistrate Judge Maria Audero granted plaintiff Damien Sabella’s ex parte application for expedited discovery in his fraud case against 10 John Does in U.S. District Court for Central California in Los Angeles, said her Monday order (docket 2:23-cv-09907).

A 9th U.S. Circuit Appeals Court panel confronted the attorney for lead plaintiff-appellant Walleye Group with harsh questioning in oral argument Friday, asking where in the record there’s irrefutable evidence that five Intelsat defendants, including former Chairman David McGlade and several major shareholders, committed actionable insider trading under Section 9(b) of the Securities Exchange Act, as Walleye alleges. Judges Milan Smith, Andrew Hurwitz and Anthony Johnstone comprised the panel.

Cain King of Moncks Corner, South Carolina, provided his name, Social Security number and other personally identifiable information (PII) to SouthState Bank, which failed to keep it confidential and to protect it from unauthorized access and disclosure, alleged a class action Friday (docket 8:24-cv-00849) in U.S. District Court for Middle Florida in Tampa.

Pewaukee, Wisconsin, “repeatedly informed” AT&T of the “problems, difficulties and failures” it had using Simplifi Connect II routers on AT&T’s FirstNet network to communicate with its Supervisory Control and Data Acquisition (SCADA) system, said plaintiff Coppe Healthcare Solutions in its memorandum of law (docket 2:24-cv-00088) in opposition to AT&T’s motion to dismiss a negligence suit.