The 11th U.S. Circuit Court of Appeals reversed the Northern District of Georgia's decision blocking the Georgia secretary of state from running statewide elections for the five-member Public Service Commission on grounds that the at-large elections constituted unlawful vote dilution under Section 2 of the Voting Rights Act (VRA).
Milwaukee and its public works commissioner, Jerrel Kruschke, unlawfully denied Verizon’s applications for permits to install small cells on newly constructed poles in the city’s Deer District, alleged Verizon’s complaint Friday (docket 2:23-cv-01581) in U.S. District Court for Eastern Wisconsin in Milwaukee.
The U.S. Supreme Court should grant the cert petition of criminal defendant Keiron Sneed to review the Illinois Supreme Court's judgement, reversing a lower court's denial of the state's motion to compel Sneed's to produce his cellphone passcode, the Electronic Frontier Foundation said in its Nov. 16 amicus brief (docket 23-5827). The order would require Sneed "to honestly recall and enter his memorized cellphone passcode to aid in his own prosecution," EFF said.
The U.S. District Court for Oregon erred June 13 when it granted YouTube’s motion to dismiss the second amended complaint of plaintiff-appellants Victor Walkingeagle, Nathan Briggs and Donald Molina for violations of Oregon’s Automatic Renewal Law (ARL), said their opening brief Monday (docket 23-35465) in the 9th U.S. Circuit Court of Appeals. The 9th Circuit should therefore reverse the district court’s dismissal order and remand for further proceedings, it said.
The government will have a final opportunity before Jan. 17 oral argument at the U.S. Supreme Court to stand by its defense of Chevron deference when it files its responding brief Dec. 15 in Relentless v. Commerce Department (docket 22-1219).
Malicious actors accessed personal records of 3.9 million current and former Northwell Health patients between March 27 and May 2, but Northwell and its record-keeping vendor, Perry Johnson & Associates, kept the data breach hidden from the public until Nov. 3, alleged plaintiff Crystal Brewster’s class action Monday (docket 1:23-cv-08627) in U.S. District Court for Eastern New York in Brooklyn. Northwell runs 20 hospitals and more than 800 outpatient facilities in the New York area.
Timothy Aguilar’s Oct. 13 complaint alleging that Network Insurance Senior Health Division (NISHD) hounded him with Medicare robocalls when he wasn’t even close to applying for benefits (see 2310200031) “fails to allege facts sufficient to state a cause of action,” said NISHD’s answer Monday (docket 4:23-cv-03988) in U.S. District Court for Southern Texas in Houston.
The Constitution vests all judicial power in the Article III courts, yet the U.S. Supreme Court’s 1984 Chevron decision holds that courts “must abdicate their independent judgment” and defer to federal agencies’ “interpretation of ambiguous statutes.” So said Relentless, Huntress and Seafreeze Fleet, the second set of petitioners urging SCOTUS to undo Chevron, in their opening brief Monday (docket 22-1219).
Google, like almost every email service provider, “uses sophisticated filtering technology to protect users of its free Gmail service from unwanted and dangerous spam emails,” said Google’s memorandum of points and authorities Thursday (docket 2:22-cv-01904) in U.S. District Court for Eastern California in Sacramento in support of its motion to dismiss the Republican National Committee’s Oct. 10 first amended complaint (see 2310120002).
U.S. District Judge Kay Behm for Eastern Michigan in Flint granted plaintiff Michael Dahdah’s motion for reconsideration, reopening his Telephone Consumer Protection Act case against Rocket Mortgage and vacating her Sept. 12 order granting Rocket’s motion to dismiss, said her signed order Friday (docket 4:22-cv-11863). The judge also denied Rocket’s motion to compel Dahdah’s TCPA claims to arbitration, and granted Dahdah leave to file a motion to amend his complaint, according to her order.