152 results for 'cat:"Communications"'.
J. Easterbrook finds that the lower court properly found that the city cannot compel Netflix, Hulu, Disney, and other streaming video providers to pay 5% of all revenues they receive under an Illinois law that requires cable services to pay a fee for using public rights of way. Even prior to an amendment, which explicitly excludes "streaming content", the law excludes "services offered over the public internet" which clearly applies to the defendants. Affirmed.
Court: 7th Circuit, Judge: Easterbrook, Filed On: October 13, 2023, Case #: 22-2905, Categories: communications, Technology
J. Morgan orders lawyers for both sides of a high-profile wrongful termination suit not to ask to “follow” or “friend” any juror or potential juror on social networking sites during jury selection or trial. Both sides are also ordered not to attempt to gain access to Internet posts or profiles that are “not otherwise publicly available.” It is both standard and accepted practice in Louisiana courts to conduct open-source internet research of potential jurors. The trial court has broad discretion to manage jury selection, to maintain fairness and to protect privacy.
Court: USDC Middle District of Louisiana, Judge: Morgan, Filed On: October 11, 2023, Case #: 3:21cv198, NOS: Education - Civil Rights, Categories: communications, Jury, Racketeering
J. Pallmeyer partially grants an Illinois town’s partial motion to dismiss Telecommunications Act claims brought by a telecom company and its construction contractor. The town blocked the company from building a cell tower on a parcel of its land, and the company now seeks to use the court to override the town. The court dismisses the company’s claim that the town took too long to resolve its construction application, seeing as the town did eventually and unequivocally deny the application. However, the court also allows the company’s substantive challenge to the town’s construction regulations to stand, pending resolution of several other claims in the suit.
Court: USDC Northern District of Illinois, Judge: Pallmeyer, Filed On: September 30, 2023, Case #: 122cv4151, NOS: Other Statutory Actions - Other Suits, Categories: communications, Construction, Municipal Law
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[Consolidated.] J. Otake refuses to dismiss the bankruptcy court’s orders that an asset on Hawaiian home lands of a now-bankrupt telecommunications company was properly sold to defendant telecommunications company. The sale order establishes that asset was properly acquired by the trustee of the bankrupt bankrupt telecommunications company and sold to defendant telecommunications company. The contesting companies did not show the trustee failed to levy the asset on real property interests, as the asset was classified a personal property. An earlier agreement between the bankrupt company and the contesting companies on the asset does not contradict the sale order.
Court: USDC Hawaii, Judge: Otake, Filed On: September 29, 2023, Case #: 1:22cv441, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy, communications
J. Hall culls a class action anti-trust conspiracy lawsuit brought by a group of American citizens alleging Haiti’s former president, Michel Martelly, in a wide-ranging scheme colluded with various financial institutions and telecommunications companies to impose illegal fees on money transfers, food remittances and international calls made to and from Haiti, and embezzled a portion of the fees through a $9 million loan provided by Unibank S.A. to build a beach house property. The only claim to survive is one under the federal Communications Act which alleges two telecommunications providers subjected them and other class members to undue, unreasonable prejudice and disadvantage when they raised the per minute charge on international calls made to Haiti by $0.05.
Court: USDC Eastern District of New York, Judge: Hall, Filed On: September 29, 2023, Case #: 1:18cv7340, NOS: Antitrust - Other Suits, Categories: Antitrust, communications, International Law
J. Birzer grants a vape shop's motion to leave to amend a third- party complaint against a messaging platform. The vape shop sufficiently showed in court that the messaging platform, a third party vendor, sent promotional texts on its behalf.
Court: USDC Kansas, Judge: Birzer, Filed On: September 27, 2023, Case #: 2:22cv2293, NOS: Other Statutory Actions - Other Suits, Categories: communications, Consumer Law, Class Action
J. Richardson adopts the report and recommendation of the magistrate judge and grants the hospital defendants' partial summary judgment motion in this lawsuit brought under the Telephone Consumer Protection Act. As to the harassment claim, the defendants contend that they "did not intend to harass or annoy" the individual plaintiff and that the calls at issue had a legitimate purpose. Additionally, the record indicates that the calls, which were made by a third-party contractor, were made to a wrong number.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: September 26, 2023, Case #: 3:21cv755, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Civil Procedure, communications
J. Larkin reverses, in part, the examining attorney's refusal to register a healthcare company's application to register the mark, Impact, for an online network providing access to aggregated healthcare data, among other things. Confusion is not likely with the online website services registration, or the registration for charitable services.
Court: Trademark Trial and Appeal Board, Judge: Larkin, Filed On: September 18, 2023, Case #: 88706809, Categories: communications, Health Care, Trademark
J. Hornsby denies a request for anonymity by a former community college student who is accused of viewing sexual material on his computer. “John Doe” contends the allegations have resulted in him being banned from liquor stores, financial institutions, and coffee shops. Some of the facts may be embarrassing, but he may not use a pseudonym to prosecute his due claims, ranging from due process violations to humiliation, against other students and college officials. The public’s interest in Doe’s suit, which alleges wrongdoing by public officials, outweighs his privacy concerns. The Fifth Circuit has recently rejected requests to proceed under a pseudonym by abortion providers and a police officer who made claims related to high-profile civil rights protests.
Court: USDC Western District of Louisiana , Judge: Hornsby, Filed On: September 15, 2023, Case #: 5:23cv1261, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: communications, Defamation, Privacy
J. Deahl upholds the superior court's order enforcing a subpoena that requires Meta to hand over documents related to its enforcement of its Covid-19 misinformation policies. Contrary to Meta's arguments, the district is not required to get a warrant to compel disclosure under the Stored Communications Act, nor does the subpoena infringe the First Amendment rights of it or its users. Affirmed.
Court: DC Court of Appeals, Judge: Deahl, Filed On: September 14, 2023, Case #: 22-CV-0239 , Categories: communications, Consumer Law, Discovery
J. Bates denies an injunction to Simon Ateba, a journalist known for his outbursts and shouted questions during White House press conferences, in his case challenging the loss of his on-demand press pass. He fails to show a likelihood of irreparable harm.
Court: USDC District of Columbia, Judge: Bates, Filed On: September 6, 2023, Case #: 1:23cv2321, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, communications, Injunction
J. Brooks grants a social media trade association’s preliminary injunction stopping a state law from taking effect that would have required social media users to verify their age and have minors receive consent from an adult before accessing the platforms. Companies argued the law is too broad to enforce, stifles freedom of speech, and does not directly translate to protecting minors from the harms of social media. "Age-gating social media platforms for adults and minors does not appear to be an effective approach when, in reality, it is the content on particular platforms that is driving the State's true concerns."
Court: USDC Western District of Arkansas , Judge: Brooks, Filed On: August 31, 2023, Case #: 5:23cv5105, NOS: Constitutionality of State Statutes - Other Suits, Categories: communications, Constitution, Injunction
J. Tigar dismisses privacy claims against Home Depot from a class of consumers who say the chat feature used on the company's website records conversations without permission. The consumers' claims are based on conclusory allegations that do not prove evidence of injury or actual interception of the conversation. The third parties utilized by Home Depot were merely a tool used to record the conversations and there is no evidence that these third parties can use the information for any other purposes than to relay it to Home Depot.
Court: USDC Northern District of California, Judge: Tigar, Filed On: August 30, 2023, Case #: 4:23cv995, NOS: Other Statutory Actions - Other Suits, Categories: communications, Privacy, Class Action
J. Snauffer finds that the Public Utilities Commission erred in imposing $2.7 million in penalties on several rural telephone companies and denying their petition for rehearing. The companies properly relied on a 2006 Commission decision that laid out the disclosure requirements for public utilities selling company assets. The Commission failed to provide the companies the fair notice required by due process of the disclosure requirements it cited in assessing the penalties.
Court: California Courts Of Appeal, Judge: Snauffer, Filed On: August 24, 2023, Case #: F083940, Categories: communications, Securities, Due Process
J. Leinenweber denies a vacation property management service’s motion for summary judgment on Telephone Consumer Protection Act violation claims brought by a class of consumers, and grants that class’s motion for certification. The class representative in the suit claims he received telemarketing calls from the service despite being on the national do-not-call registry, and the court finds he has sufficiently alleged his claims to survive summary judgment and establish class certification.
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: August 17, 2023, Case #: 1:19cv2504, NOS: Other Statutory Actions - Other Suits, Categories: communications, Business Practices, Class Action
J. Katsas denies two Chinese companies petition for review of the Federal Communications Commission's revocation of their authorizations to operate communication lines in the U.S. after finding they pose national security risks and were untrustworthy. The commission conducted an adequate process and its decision was not arbitrary.
Court: DC Circuit, Judge: Katsas, Filed On: August 15, 2023, Case #: 22-1054, Categories: Administrative Law, communications
J. Morgan denies the motion to stay remand brought by a hospital network accused of violating Louisiana’s wiretapping law, pending appeal of her order returning a potential class-action suit to state court. The nonprofit hospital system is unable to show a strong likelihood it will prevail on its defense to the suit’s allegations it used “tracking pixels” on its websites to transmit patients’ communications to companies like Facebook and Google, who could then use the personal medical information for targeted advertising. The hospital system cannot prevail on its defense that it acted under federal direction, because no federal directive existed.
Court: USDC Eastern District of Louisiana , Judge: Morgan, Filed On: August 11, 2023, Case #: 2:23cv411, NOS: Other Statutory Actions - Other Suits, Categories: communications, Evidence, Health Care
J. Laplante grants in part a motion for summary judgment from individuals and a church group against a reverend who is suing them for defamation. While they correctly identify the reverend as a limited-purpose public figure, the actual malice standard still applies to some of their allegedly defamatory statements.
Court: USDC New Hampshire, Judge: Laplante, Filed On: August 9, 2023, Case #: 1:21cv131, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: communications, Defamation