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.
Elizabeth Parchinskya first learned Jan. 31 that her private information was exposed in an April 27 data breach of Emmanuel College’s information network, said her class action Thursday (docket 1:24-cv-10314) in U.S. District Court for Massachusetts in Boston. The breach was discovered on Jan. 16, said a notice posted by the Maine Attorney General’s office.
Comcast didn’t heed warnings from Citrix and “numerous other industry experts who were sounding the alarm” about the cloud computing company’s Citrix Bleed vulnerability in two of its network appliances that led to an October data breach, alleged a class action Thursday (docket 2:24-cv-00599) against the two companies in U.S. District Court for Eastern Pennsylvania in Philadelphia. The breach affected some 36 million Comcast Xfinity customers.
Data promised to cryptocurrency platform Nemo under an agreement spanning 2013-2020 “was not delivered by XYZ as agreed,” alleged a breach of contract complaint Wednesday (docket 2:24-cv-00737) in U.S. District Court for New Jersey in Newark. The suit names as defendants XYZ Financial Markets, QTrade Capital Partners, Barry Friedman, Llewellyn Jones, Derrick Kaiser, Jeffrey Sassoon and John and Jane Does 1-10. It also names ABC Corps. 1-10 as “fictitious and unknown” defendants.
When federal officials “wield the power of government” to impose an “approved viewpoint” and censor private speech, the First Amendment “must apply the brakes,” said the Americans for Prosperity Foundation in an amicus brief at the U.S. Supreme Court Thursday in Murthy v. Missouri (docket 23-411). The brief is in support of the injunction to bar federal agencies from coercing social media platforms to moderate their content.
Telecom services agent BB Telco (BBT) is suing one of its former sub-agents for “blatantly using” company resources to poach customers on behalf of a communication vendor while “simultaneously acting as a BBT representative,” said its fraud complaint Thursday (docket 7:24-cv-00042) in U.S. District Court for Southern Texas in McAllen.
Amazon uses a “deceptive scheme to keep its profits -- and consumer prices -- high,” alleged a class action Thursday (docket 2:24-cv-00169) in U.S. District Court for Western Washington in Seattle.
The challenged FCC declaratory ruling authorizing E-rate funding for Wi-Fi on school buses “defies unambiguous statutory limits on the FCC’s authority,” said Maurine and Matthew Molak's opposition Friday (docket 23-60641) to the FCC’s Feb. 6 motion to dismiss their petition for review in which the Molaks ask the 5th U.S. Circuit Court of Appeals to vacate that ruling (see 2402070002).
T-Mobile and Roswell, Georgia, exchanged dueling briefs Wednesday in U.S. District Court for Northern Georgia in Atlanta in advance of the court’s March 4-6 evidentiary hearing into the 14-year-long cell tower fight between the carrier and the municipality.
The Telephone Consumer Protection Act “protects Americans’ right to privacy,” and the district court’s Nov. 6 opinion dismissing plaintiff Jacob Howard’s complaint against the Republican National Committee (see 2311150003), “must be reversed, so that it continues” to protect that right, said Howard’s opening brief Wednesday (docket 23-3826) in the 9th U.S. Circuit Court of Appeals.