152 results for 'cat:"Communications"'.
J. Trauger grants the media defendants' dismissal motion in this defamation lawsuit brought by an attorney alleging that a pair of articles placed him "in a false light." The articles concerned the attorney's role in a separate lawsuit against the National Rifle Association. Certain statements and implications "are protected by the fair report privilege," however, while others are "not capable of conveying a defamatory meaning."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: March 15, 2024, Case #: 3:22cv1017, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: communications, Defamation, Privilege
J. Moss refuses to issue Meta Platforms an injunction preventing the Federal Trade Commission from moving forward with modifications to the parties’ previous settlement that would require Meta to institute a more stringent privacy program and data security protections for its users, and restrict its use of facial recognition technology. Meta fails to show the FTC's powers violate due process or right to a jury trial, nor does it show it faces irreparable harm without an injunction.
Court: USDC District of Columbia, Judge: Moss, Filed On: March 14, 2024, Case #: 1:23cv3562, NOS: Other Civil Rights - Civil Rights, Categories: communications, Constitution, Technology
J. Pitman denies a special purpose acquisition company (SPAC)’s motion for a preliminary injunction seeking to force a mobile-payments processor to turn over communications after the suing company claimed the payment processor company had breached its contract, including by violating an NDA. Granting the suing company’s injunction in this case could create “significant compliance costs” for the payment-processing company and “potentially hamstring” its operations, and the suing company has not shown that the “burden on irreparable harm or the balance of equities” justifies the injunction.
Court: USDC Western District of Texas , Judge: Pitman, Filed On: March 12, 2024, Case #: 1:23cv1549, NOS: Other Contract - Contract, Categories: communications, Privacy, Contract
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J. Nowell finds that the lower court properly granted the appellee telephone company's motion for summary judgment in this negligence lawsuit alleging that an individual was injured while leaning against a chain-link fence that had become energized. The complaint contends that an employee was working on the nearby lines, and his negligence created the hazardous condition. However, the injured plaintiff failed to provide any expert testimony. Affirmed.
Court: Texas Courts of Appeals, Judge: Nowell, Filed On: March 11, 2024, Case #: 05-23-00004-CV, Categories: communications, Negligence, Experts
J. Horan grants, in part, a former employee's motion to compel in his age discrimination action against Google. Google failed to comply with a previous court order requiring it to submit certain documents and testimony regarding directors within the Google Cloud organization, and must do so now.
Court: USDC Northern District of Texas , Judge: Horan, Filed On: March 8, 2024, Case #: 3:22cv2281, NOS: Labor/Management Relations - Labor, Categories: communications, Discovery, Employment Discrimination
J. Contreras denies, in part, the CIA's motion for summary judgment on a news publication's Freedom of Information Act case seeking records related to U.S. foreign relations and operations between the 1940s and 1970s. The CIA fails to sufficiently support certain withholdings under the National Security Act, and must submit an ex parte in camera declaration related to those withheld documents.
Court: USDC District of Columbia, Judge: Contreras, Filed On: March 7, 2024, Case #: 1:22cv1138, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: communications, Government, Public Record
J. Bashant declines to dismiss claims brought by the Federal Trade Commission accusing the lead generation company of using a ringless voicemail service to pitch debt relief services to consumers in violation of the Telemarketing Sales Rule (TSR) and the Telemarketing and Consumer Fraud and Abuse Prevention Act. The TSR and Telemarketing Act "contemplated ringless voicemail in their definition of a 'telephone call'" and "the regulatory history of the TSR shows ringless voicemail was included in its scope," so the FTC "is not finding 'new-found powers in old statutes.'"
Court: USDC Southern District of California, Judge: Bashant, Filed On: March 6, 2024, Case #: 3:23cv313, NOS: Other Statutory Actions - Other Suits, Categories: communications, Fraud
J. Pechman declines to dismiss the non-Washington class members from the consumers' class action accusing the health insurance provider of violating the Telephone Consumer Protection Act by using an artificial pre-recorded voice to call cell phones without prior consent. The healthcare insurance provider argues that this court does not have personal jurisdiction over the non-Washington class members' claims, but the Supreme Court already decided that a court can exercise jurisdiction over absent class action plaintiffs because mass actions generally do not and cannot meet all the requirements under Federal Rule of Civil Procedure 23.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: February 29, 2024, Case #: 2:19cv175, NOS: Other Statutory Actions - Other Suits, Categories: communications, Jurisdiction, Class Action
J. Lavin finds the trial court properly dismissed this Digital Infrastructure and Video Competition Act of 2006 claim in favor of Netflix and Hulu. The city’s interpretation of California state law was wrong because the Act does not allow local governments to request franchise fees from non-franchise video service providers. The commission is responsible for any enforcement of franchising authority. Affirmed.
Court: California Courts Of Appeal, Judge: Lavin, Filed On: February 22, 2024, Case #: B321481, Categories: communications
J. Rushing finds the lower court improperly found the internet service provider liable for vicarious infringement. Top music companies sued the provider for its lack of action to prevent its subscribers from using its service to download music illegally. The provider did not profit from its subscribers’ acts of infringement, a legal prerequisite for vicarious liability. Reversed.
Court: 4th Circuit, Judge: Rushing, Filed On: February 20, 2024, Case #: 21-1168, Categories: communications, Copyright, Jury
J. Pallmeyer grants an Illinois city’s motion for summary judgment on a property development company’s claim that the city illegally denied its permit to build a cell tower on public land, but denies both the city’s and the company’s competing motions for summary judgment on the company’s claims under the Telecommunications Act. The court finds there was sufficient reason for the city to legally deny the development company’s permit to build the cell tower, but also concludes factual disputes make summary judgment on the remaining claims inappropriate.
Court: USDC Northern District of Illinois, Judge: Pallmeyer, Filed On: February 14, 2024, Case #: 1:22cv4151, NOS: Other Statutory Actions - Other Suits, Categories: communications, Municipal Law, Property
J. Calabretta denies, in part, a company’s motion to dismiss an online consumer’s RICO and anti-phishing-related claims. She sufficiently pleads her unjust enrichment claim, and claims under Utah's Consumer Sales Practices Act and California's Anti-Phishing Act.
Court: USDC Eastern District of California, Judge: Calabretta, Filed On: February 13, 2024, Case #: 2:23cv1005, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: communications, Consumer Law, Racketeering
J. McCafferty partially grants a communication company’s motion to prevent the technology corporation Nokia from relying on the duty to mitigate as an affirmative defense at trial because Nokia failed to plead the duty to mitigate in its answer during a pretrial conference. Nokia may not “rely on the affirmative defense of the duty to mitigate at trial,” but it doesn’t have to exclude all evidence “that may be relevant to the duty to mitigate regardless of its relevance to other issues at trial.”
Court: USDC New Hampshire, Judge: McCafferty, Filed On: February 9, 2024, Case #: 1:20cv949, NOS: Other Contract - Contract, Categories: communications, Contract, Technology
J. Parraguirre finds the district court properly granted the Associated Press's anti-SLAPP special motion to dismiss Steve Wynn's defamation claim against the reporter who published a story about an alleged rape committed by him. The AP met its evidentiary burden to establish its article was a good faith communication in furtherance of the right to free speech in connection with an issue of public concern. Affirmed.
Court: Nevada Supreme Court, Judge: Parraguirre , Filed On: February 8, 2024, Case #: 85804, Categories: Anti-slapp, communications, Defamation
J. Clark partially grants the store's motion to dismiss the consumers' class claims alleging it sent them dozens of unauthorized text messages advertising goods for sale. Some of the proposed class definitions are unauthorized fail-safe classes, and these definitions must be struck. Further, the consumers may not sue the store for not keeping an in-house do-not-call list, as this precaution would not have prevented them from receiving the text messages.
Court: USDC Eastern District of Missouri, Judge: Clark, Filed On: February 8, 2024, Case #: 423cv42, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: communications, Class Action
J. Rubin grants summary judgment in favor of a federal agent in this Electronic Communications Privacy Act claim by a CBS investigative reporter and her daughter alleging surveillance and hacking of their electronic devices. The reporter and her daughter failed to substantively respond to the motion and has no admissible evidence to demonstrate the agent violated the Act. A reasonable juror could not conclude the agent, or another person intercepted or disclosed the electronic devices or violated the Act in any way.
Court: USDC Maryland, Judge: Rubin, Filed On: February 6, 2024, Case #: 1:20cv68, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, communications, Evidence
J. Pedersen conditionally grants the streaming providers' mandamus petition, in which they challenge the denial of their Rule 91a dismissal motion in the underlying lawsuit brought under the Texas Public Utility Regulatory Act. The statute is "limited to disputes about compensation from franchise fees," and there is no dispute that the streaming providers are not franchise holders. Accordingly, the lower court abused its discretion, and the relators are entitled to mandamus relief.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: January 31, 2024, Case #: 05-23-00485-CV, Categories: Civil Procedure, communications, Government
J. Bryan dismisses a software company's contract action seeking more than $247,000 from a telecommunications provider that services an Indian reservation. The provider is protected by sovereign immunity, and it did not expressly waive its immunity.
Court: USDC Southern District of Texas, Judge: Bryan, Filed On: January 30, 2024, Case #: 4:23cv1901, NOS: Other Contract - Contract, Categories: communications, Immunity, Contract
J. Howell dismisses an internet user's action against the publisher of the Washington Examiner under the Video Privacy Protection Act. She fails to show she was a subscriber to the Examiner's video goods and services and, therefore, fails to show she's a consumer, as defined by the Act.
Court: USDC District of Columbia, Judge: Howell, Filed On: January 29, 2024, Case #: 1:23cv345, NOS: Other Statutory Actions - Other Suits, Categories: communications, Privacy
J. Ludwig finds in favor of Verizon in its dispute with the city over permits Verizon seeks to build telecommunications equipment to improve its service in the public plaza outside of the Fiserv Forum, home of the NBA's Milwaukee Bucks. Evidence in the record supports the notion that the city's "pretextual" reasons for denying Verizon the disputed permits, including because the city was trying to arrange a deal with a private partner associated with the public plaza that wants its own alternative telecommunications system, violated the federal Telecommunications Act and state law. The city is ordered to issue to Verizon the six permits in question within seven days of this order, in part because Verizon risks irreparable reputational harm if it cannot get its system up and running by the time of the Republican National Convention in the city in July of this year.
Court: USDC Eastern District of Wisconsin, Judge: Ludwig, Filed On: January 29, 2024, Case #: 2:23cv1581, NOS: Other Statutory Actions - Other Suits, Categories: communications, Government, Injunction
J. Morgan grants a request by parish residents, ordering operators of a landfill to produce hundreds of documents without redactions for their suit alleging the dump fouled the air in their area from 2017 to 2019. Lawyers for the landfill argued with limited success that they properly withheld the records under attorney-client privilege doctrines. The requested records pertained to work the landfill operators performed during the ordinary course of business, rather than in anticipation of litigation, as attorneys for the dump unsuccessfully argued.
Court: USDC Eastern District of Louisiana , Judge: Morgan, Filed On: January 23, 2024, Case #: 2:18cv7889, NOS: Torts to Land - Real Property, Categories: communications, Environment, Government
J. King finds the lower court properly denied class certification to the counseling company. In this putative class action, where 1000s of recipients accused the financial group of sending unsolicited advertisements by fax, the 59,000 recipients were each sent the fax individually or by an online fax service that is not reached by current law. Affirmed.
Court: 4th Circuit, Judge: King, Filed On: January 22, 2024, Case #: 22-1119, Categories: communications, Consumer Law, Class Action