Though the AirTag’s intended purpose is to find lost items like keys or luggage, “its popularity has soared as the preeminent tool for stalking and abuse due to its efficacy, low price point, and ease of use,” said the opposition Monday (docket 3:22-cv-07668) in U.S. District Court for Northern California in San Francisco of 38 AirTag user plaintiffs to Apple’s Oct. 27 motion to dismiss their Oct. 6 first amended complaint (see 2310300030).
There’s “no merit” to plaintiff Greg Bostard’s allegations that he spent decades as a Comcast utility pole worker and was regularly in close proximity to Verizon’s lead-sheathed cables, said Verizon’s memorandum of law Monday (docket 1:23-cv-08564) in U.S. District Court for New Jersey in Camden in support of its motion to dismiss Bostard’s Aug. 23 complaint (see 2308240005).
After the U.S. Supreme Court’s 2021 opinion in Facebook v. Duguid, a “plethora” of courts have attempted to interpret the definition of an automatic telephone dialing system under the Telephone Consumer Protection Act (TCPA) in the “context” of Facebook’s holding, said appellant Lucine Trim’s cert petition. The petition, filed Nov. 6 and docketed Nov. 9 as case number 23-495, according to a clerk’s notice posted Monday, seeks to set aside the 9th Circuit’s affirmation of the district court’s dismissal of her TCPA complaint against Reward Zone (see 2308090027).
U.S. District Judge William Orrick for Northern California in San Francisco granted SiriusXM’s motion to compel the fraud claims of class-action plaintiffs Ayana Stevenson, David Ambrose and Lisa Ramirez to arbitration (see 2309050054), said his signed order Thursday (docket 3:23-cv-02367). The judge granted the plaintiffs’ request to dismiss the case without prejudice so that they may immediately appeal.
Charter Communications continues to ignore the “actual text” of the “saving clause” in the 2005 Texas Cable Act and asks the 5th U.S. Circuit Appeals Court to interpret that provision in a manner that makes the saving clause “a nullity,” said Prewitt Management’s reply brief Thursday (docket 23-50419).
Amazon filed nearly identically worded lawsuits in three federal courts Thursday seeking to halt separate sets of alleged fraudsters from running the “impersonation” scams that dupe consumers into buying fake Amazon support services for activating Prime Video on their devices.
U.S. District Judge Jennifer Rochon for Southern New York in Manhattan denied former Amazon third-party seller Shenzhen Zongheng Domain Network's petition to vacate an arbitration award in Amazon’s favor, and granted Amazon’s cross-motion to confirm that award, said her signed opinion and order Tuesday (docket 1:23-cv-03334).
Sewell, New Jersey, physician Sydney Tyson maintained a Coinbase account for nearly 10 years, spending roughly $75,000 to accumulate bitcoin and other cryptocurrencies that increased in value to well over $200,000 until his account was hacked July 18, alleged Tyson’s fraud complaint Tuesday (docket 1:23-cv-22066) against Coinbase in U.S. District Court for New Jersey in Camden. The complaint also names “unknown party” John Doe 1 as a co-defendant, alleging he operates under the fictitious name Paul Reed and “has engaged in cybercrime and fraud.”
A 5th U.S. Circuit Court of Appeals panel affirmed the district court’s dismissal of the complaint of Darrell Seybold, a former Charter Communications sales manager, who alleged that Charter violated the Sarbanes-Oxley (SOX) Act’s whistleblower protections when it fired him for reporting that the company was cooking the books (see 2304040022). Charter asserts it properly terminated Seybold for his unprofessional conduct.
U.S. District Judge Michael Anello for Southern California in San Diego denied Ford’s motion to compel the 3G telematics claims of four class-action plaintiffs to arbitration (see 2304170047), said his signed order Tuesday (docket 3:22-cv-01716).