Defendant TelevisaUnivision Interactive Media “knowingly” violated the Video Privacy Protection Act by embedding the Meta Pixel tool on its website to track users’ video viewing history and reporting that history to Facebook along with their unique Facebook identification (FID) numbers, alleged plaintiff Indira Falcon’s class action Monday (docket 8:23-cv-02340) in U.S. District Court for Middle Florida in Tampa.
Georgia courts have general jurisdiction over OpenAI, which “mistakenly argues” in its motion to dismiss plaintiff Mark Walters’ amended defamation complaint (see 2310160005) “that general jurisdiction only exists in the place of incorporation and the principal place of business,” said Walters’ opposition Monday (docket 1:23-cv-03122) in U.S. District Court for Northern Georgia in Atlanta. Walters, a nationally syndicated talk show host, alleges OpenAI’s ChatGPT service defamed him to a journalist.
The FCC’s Oct. 5 motion to dismiss Indian Peak Properties’ petition for review on grounds that the U.S. Appeals Court for the D.C. Circuit has jurisdiction to review only final orders of the commission (see 2310060029) “overstates the case law” by attempting to limit the D.C. Circuit’s jurisdiction “to only a review of a formal FCC adjudication” of an application for review, said Indian Peak’s counsel, Julian Gehman of Gehman Law, in his opposition Monday to the motion to dismiss (docket 23-1223).
Three online platform plaintiffs aren’t likely to succeed on the merits of their claim that the requirements in Section 394-ccc, New York’s hateful conduct law, infringe on their First Amendment rights, and the district court’s preliminary injunction blocking New York Attorney General Letitia James (D) from enforcing the statute should be reversed, said James’ office in an Oct. 10 reply brief (docket 23-356) in the 2nd U.S. Circuit Court of Appeals. Multiple amicus briefs days earlier urged the 2nd Circuit to affirm the injunction (see 2309260001).
OpenAI seeks the dismissal in its entirety with prejudice of plaintiff Mark Walters’ amended defamation complaint for failure to state a claim, said its motion Friday (docket 1:23-cv-03122) in U.S. District Court for Northern Georgia in Atlanta. Walters, a nationally syndicated talk show host, alleges OpenAI’s ChatGPT service defamed him to a journalist (see 2309060026).
The U.S. District Court for Connecticut in New Haven “correctly held” Aug. 30 that all preliminary injunction factors weigh in Charter Communications’ favor when it instructed defendant Bridger Mahlum to show cause why an emergency preliminary injunction shouldn’t be issued, said Charter’s reply brief Friday (docket 3:23-cv-01106) in support of that injunction.
USTelecom and its Industry Traceback Group (ITG) subsidiary seek to quash three deposition subpoenas served on them Sept. 28 by Avid Telecom CEO Michael Lansky, said their memorandum Thursday (docket 1:23-mc-00103) in U.S. District Court for the District of Columbia in support of their motion to quash.
The Republican National Committee’s case against Google is about a market-dominant communications firm “unlawfully discriminating” against the RNC “by relegating its email messages to subscribers’ spam folders because of the RNC’s political affiliation and views,” said the RNC’s first amended complaint Tuesday (docket 2:22-cv-01904) in U.S. District Court for Eastern California in Sacramento. U.S. District Judge Daniel Calabretta, in an Aug. 24 order, granted Google’s motion to dismiss the RNC’s original complaint but also granted the committee partial leave to amend to establish that Google didn’t act in good faith (see 2308250030).
U.S. District Judge Donald Molloy for Montana in Missoula inundated Montana Solicitor General Christian Corrigan with tough questions during oral argument Thursday when Corrigan defended against a preliminary injunction to block Montana Attorney General Austin Knudsen (R) from enforcing SB-419, the state’s TikTok ban, when the statute takes effect Jan. 1. Five TikTok creators, plus TikTok itself, are seeking the injunction in two consolidated cases (dockets 9:23-cv-00056 and 9:23-cv-00061).
U.S. District Judge Kenneth Bell for Western North Carolina in Statesville should deny InvestorPlace Media’s Sept. 27 motion to dismiss plaintiff Courtney Hill’s first amended Telephone Consumer Protection Act complaint because the text messages it sent Hill for months were profit-driven and meant to drive traffic to its website where it solicits the sale of its services, said Hill’s opposition Tuesday (docket 5:23-cv-00111).