Two “critical misconceptions” underlie publishers’ attempt to rebut Internet Archive’s showing of fair use concerning its controlled digital lending program (CDL), the appellant said Friday in a reply brief (docket 23-1260) before the U.S. 2nd Circuit Appeals Court.

Public companies and their officers can’t make public statements “claiming to follow practices that are important to investors while knowing that they pervasively fail to do so.” That is the “essence” of the SEC’s securities fraud case against SolarWinds, according to the SEC’s opposition Friday (docket 1:23-cv-09518) in U.S. District Court for Southern New York in Manhattan to SolarWinds’ March 22 motion to dismiss the SEC’s Feb. 16 amended complaint (see 2403250039).

Kootenai Health failed to comply with industry standards to protect information systems that contain patients’ personally identifiable information (PII) and personal health information (PHI) during an early March data breach, alleged a class action Friday (docket 1:24-cv-00205) in U.S. District Court for Idaho in Boise.

Communications Litigation Today is tracking the below lawsuits involving appeals of FCC actions. Cases marked with an * were terminated since the last update. Cases in bold are new since the last update.

In their April 12 opposition to the NBCUniversal and Peacock motion to dismiss their first amended complaint (see 2404160001), plaintiffs Amma Afriyie and Roy Campbell “present arguments wholly divorced from the cases they cite,” said the defendants’ reply Friday (docket 1:23-cv-09433) in U.S. District Court for Southern New York in Manhattan in support of the motion to dismiss.

A former Comcast utility pole worker's second amended complaint “suffers from the same deficiencies” as his original complaint and his first amended complaint, said Verizon’s motion to dismiss Thursday (docket 1:23-cv-08564) in U.S. District Court for New Jersey in Camden. The former worker, Greg Bostard, seeks to force Verizon to pay for his medical monitoring after years of exposure to Verizon’s toxic lead cables.

Future US, publisher of magazines and websites targeting the home and garden, videogame, lifestyle and finance markets, tracks users without their consent when they visit the publications’ websites, alleged a privacy class action Thursday (docket 1:24-cv-02931) in U.S. District Court for Southern New York in Manhattan.

Sorina Montoya’s fraud dispute against Activision Blizzard and King over $3,000 in in-game payments she made competing in a Candy Crush tournament “must be arbitrated,” ruled U.S. District Judge Robert Payne for Eastern Virginia in Richmond in his memorandum opinion Thursday (docket 3:23-cv-00314).

T-Mobile’s 2020 Sprint buy “fundamentally changed the structure of the retail wireless market,” causing reduced competition and higher prices, said the seven AT&T and Verizon customer plaintiffs who seek to vacate the transaction on antitrust grounds. Their answering brief Thursday (docket 24-8013) in the 7th U.S. Circuit Appeals Court opposes T-Mobile’s petition for interlocutory review to reverse the district court’s denial of its motion to dismiss their T-Mobile/Sprint challenge for lack of antitrust standing (see 2404090059).

Virtual private network company Surfshark violates California’s Automatic Renewal Law (ARL) when it fails to present subscription terms “in a clear and conspicuous manner,” a class action (docket 5:24-cv-02299) alleged Wednesday in U.S. District Court for Northern California in San Jose.