152 results for 'cat:"Communications"'.
J. Schroeder adopts the report and recommendation of the magistrate judge, overrules the parties' objections, and denies-in-part summary judgment in a suit brought under the Sherman Act over a company's alleged tactics to "maintain supracompetitive pricing" of its products in markets for networking equipment and services. Summary judgment is granted as to the Section 1 conspiracy and tying claims, but there is a genuine issue of material fact as to whether the company's tactics constituted anticompetitive conduct.
Court: USDC Eastern District of Texas , Judge: Schroeder, Filed On: January 17, 2024, Case #: 5:22cv53, NOS: Antitrust - Other Suits, Categories: Antitrust, Civil Procedure, communications
J. Dorsey denies the criminal defense attorney's motion for class certification on her claims the corrections company recorded privileged calls between herself and incarcerated clients, violating federal and state wiretap acts. Common questions do not predominate over individualized consent and damages inquiries as to the proposed class of more than 2,000 attorneys.
Court: USDC Nevada, Judge: Dorsey , Filed On: January 16, 2024, Case #: 2:18cv1280, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, communications, Class Action
J. Kendall accepts, in this long-running multidistrict communications antitrust case, the court-appointed special master’s report and recommendation regarding pending motions over a collection of telecom companies’ privilege log entries. The suing businesses accuse the telecom companies of conspiring to artificially inflate the price of broadcast television spot advertisements. Against those telecom firms’ objections, the court accepts the special master’s finding that they “failed to meet their burden to tether ... documents to client confidences or responses to requests for legal advice.”
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: January 16, 2024, Case #: 1:18cv6785, NOS: Other Statutory Actions - Other Suits, Categories: Antitrust, communications, Discovery
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J. Garcia upholds a labor board’s decision T-Mobile is unlawfully dominating T-Voice, a group established by the company in which it hand-picked the representatives to whom employees were directed to raise their grievances. The board reasonably rejected T-Mobile's argument the group is not a labor organization; therefore, the board’s order that T-Mobile disestablish T-Voice and post notices at its facilities stands.
Court: DC Circuit, Judge: Garcia, Filed On: January 12, 2024, Case #: 22-1310 , Categories: communications, Labor / Unions
J. Brailsford denies the county's motion to dismiss a cell phone tower building and management company's challenge of a denial of its conditional use permit application to construct a cellphone tower. The tower company claims that the tower is needed to address a gap in cellular coverage. The county has not provided evidence to support its claim that the company failed to state a claim for relief
Court: USDC Idaho, Judge: Brailsford, Filed On: January 11, 2024, Case #: 1:23cv127, NOS: Other Statutory Actions - Other Suits, Categories: communications
J. Wallace finds that the district court improperly dismissed companies' putative class action asserting California state-law claims arising from Google’s placement of search results on copies of their websites. The companies challenged the way Google displayed websites in Search App on Android phones, claiming that by displaying frame and half-page digests, Google occupied valuable space on the websites of class members that Google should have paid. The state-law claim is preempted by federal copyright law and the matter is remanded to the lower court with instruction to dismiss. Reversed.
Court: 9th Circuit, Judge: Wallace, Filed On: January 11, 2024, Case #: 22-15899, Categories: communications, Copyright
J. Sutton finds the lower court properly sided with Sprint and applied the lower of two proposed interest rates to the $2.2 million in payments to the local telecommunications company. The tariff for connecting local calls is defined as the "highest rate levied by law," which, in Kentucky, is set at 8 percent. Therefore, only governments or regulators could approve the 10.66 percent rate sought by the local telecommunications provider and the lower court properly added $4.3 million in interest. Affirmed.
Court: 6th Circuit, Judge: Sutton, Filed On: January 10, 2024, Case #: 23-5369, Categories: communications, Damages
J. Dever denies a Spectrum customer’s motions to amend and for extension of time after the communications company opposed her motions to amend following the customer’s complaints about her Wi-Fi service. The customer, a “notorious pro se litigant,” argues that her internet service was not adequate and that she should not have to pay for it. Her claims are insufficient for breach of contract on the federal level, and the case is remanded for her state claims.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: January 8, 2024, Case #: 5:23cv408, NOS: Other Contract - Contract, Categories: communications, Contract, Technology
J. James finds communications between a client and an attorney, made for the purpose of facilitating the rendition of professional legal services to the client, are presumptively confidential, and the client’s mere use of an employer’s email system, without more, does not overcome that presumption. A peremptory writ of mandamus shall issue.
Court: Oregon Supreme Court, Judge: James, Filed On: December 21, 2023, Case #: S069796, Categories: communications
J. Ross denies the company's motion to dismiss a consumer's class action alleging violations of the Telephone Consumer Protection Act. The consumer claims he received multiple text messages encouraging him to use the company's service to sell his home, but he never consented to receiving the text messages. The messages were not merely an offer to purchase the consumer's home, but to provide a service for an effective fee. Therefore, the TCPA claims may proceed.
Court: USDC Eastern District of Missouri, Judge: Ross, Filed On: December 15, 2023, Case #: 4:23cv126, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: communications, Class Action
J. Conrad grants a host of judges, courts and the federal government, among others, their motion to dismiss claims of a conspiracy against a man involving the Eastern District of Tennessee’s Electronic Case Filing system. The man failed to timely respond to the motion to dismiss and his claims lack any basis. Further, the man has a considerable record of making frivolous complaints and will therefore be subject to a pre-filing review system to prevent continued abuse and harassment of the court should he choose to bring future actions.
Court: USDC Western District of North Carolina, Judge: Conrad, Filed On: December 15, 2023, Case #: 3:23cv423, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: communications, Government, Damages
J. Wilson denies the nonprofit organization's and individuals' petition for review of a final agency action by the Federal Communications Commission delegating authority over the universal service fund to the company, a private entity. The nonprofit claimed the decision violated the private nondelegation doctrine and sought a declaration finding the universal service requirements in the Telecommunications Act unconstitutional. A government agency does not violate the private nondelegation doctrine by delegating statutory authority to private entities as long as the entity functions subordinately to the agency and the agency retains authority over the entity's activities. The company functions subordinately to the FCC and the FCC maintains "deep and meaningful control" over the the company.
Court: 11th Circuit, Judge: Wilson, Filed On: December 14, 2023, Case #: 22-13315, Categories: communications, Agency
J. Boyle partially denies a tavern’s motion to dismiss an amended complaint filed by a promotional company of unauthorized display of two televised mixed martial arts championship fights. The company does not distinguish between the tavern itself and its two individual owners, and, therefore, fails to state a claim against either individual. However, the company has sufficiently claimed that the tavern has violated federal communications law, and discovery may proceed.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: December 13, 2023, Case #: 4:23cv17, NOS: Cable/Sat TV - Other Suits, Categories: communications, Business Practices
J. Frimpong grants in part cross-motions in limine in a dispute between a wireless company and a city that denied the company's application to build a new stealth wireless communications facility to address an alleged coverage gap. The company alleges that the denial violates the Telecommunications Act. The city's expert "is a designated expert with appropriate credentials." Evidence of alternative technologies shall be permitted. The wireless company's expert shall be permitted to discuss the alleged coverage gap.
Court: USDC Central District of California, Judge: Frimpong, Filed On: December 5, 2023, Case #: 2:22cv1642, NOS: Other Statutory Actions - Other Suits, Categories: communications
J. Saylor vacates a default and dismisses an amended complaint against Meta, Facebook’s parent company, by one of the social media platform’s users after his Facebook account, which he used for his business, was disabled with little explanation of why. Meta does not have the minimum contacts in Massachusetts necessary to establish jurisdiction for the court.
Court: USDC Massachusetts, Judge: Saylor, Filed On: December 1, 2023, Case #: 1:21cv11956, NOS: Arbitration - Other Suits, Categories: communications, Jurisdiction, Technology
J. Bunn affirms the lower court's order dismissing the cable splicing technician's wrongful discharge suit after reporting to his supervisors suspected acts of sabotage of the telecommunication company's equipment that, due to disruption of services, constitutes a criminal offense under state law. The judge did not err in determining the technician failed to make a claim of how the reporting of his co-workers' wrongdoing violated a substantial public policy. Affirmed.
Court: West Virginia Supreme Court Of Appeals, Judge: Bunn, Filed On: November 9, 2023, Case #: 20-0040, Categories: communications, Employment Retaliation
J. Volk grants the broadcasting company's motion for summary judgment in the former advertising executive's suit claiming disability discrimination and retaliatory discharge. The executive sued after the company terminated her employment after being on leave for the birth of her twins, then to recuperate for damage to her ureter when the babies were delivered via C-Section. There is no connection between the executive taking leave under the Family and Medical Leave Act and her later termination since the company not only allowed her to take FMLA leave "when she wanted and without issue," but also gave her an additional 12 weeks of leave once her FMLA leave expired.
Court: USDC Southern District of West Virginia, Judge: Volk , Filed On: November 7, 2023, Case #: 5:22cv396, NOS: Employment - Civil Rights, Categories: communications, Business Practices, Employment Retaliation
J. Copenhaver grants the telecommunications service provider's motion to partially vacate his order granting the technology solutions company's motion for summary judgment as to liability on Count VII of its qui tam suit. The company accused the service provider of defrauding the federal government through approval of its grant application to build an open-access, middle-mile broadband internet network in West Virginia with funds from the American Recovery and Reinvestment Act’s Broadband Technology Opportunities Program. Since a settlement was reached prior to trial in December, vacatur is warranted since "Frontier stands to suffer the material reputational consequences of False Claims Act liability upon a tiny fraction of the case to the same degree as if it had been liable for the case in its entirety."
Court: USDC Southern District of West Virginia, Judge: Copenhaver, Filed On: November 7, 2023, Case #: 2:14cv15947, NOS: False Claims Act - Torts - Personal Injury, Categories: communications, False Claims, Technology
J. Gould finds that the district court properly dismissed an antitrust action against Apple, alleging monopolist operation of the Apple App Store. App developers failed to state an antitrust claim under the Sherman Act. The dispute arose from Apple’s rejection of the developers' apps, Coronavirus Reporter and Bitcoin Lottery, for distribution through the App Store because they "did not sufficiently allege a plausible relevant market, either for their rejected apps as compared to other apps, or for apps in general." Affirmed.
Court: 9th Circuit, Judge: Gould, Filed On: November 3, 2023, Case #: 22-15166, Categories: communications