Georgia Gov. Brian Kemp (R) urged the U.S. Supreme Court to “overturn” Chevron, or at least clarify that statutory silence doesn’t create “an ambiguity triggering Chevron deference,” in his amicus brief Monday (docket 22-451) supporting the petitioners in Loper Bright Enterprises v. Raimondo. The docket shows 46 amicus briefs were filed through Monday since the petitioners filed their opening brief July 17 (see 2307180033), including 31 briefs filed Monday alone.
The plaintiffs’ July 17 opposition to the government’s motion to stay the July 4 injunction barring dozens of Biden administration officials from conversing with social media platforms about content moderation (see 2307180005) “underscores why the injunction should remain stayed pending the resolution of this highly expedited appeal,” said DOJ’s reply Monday (docket 23-30445) at the 5th U.S. Circuit Court of Appeals in support of the stay.
RJ’s International Trading asserts U.S. District Court for Southern Florida erred when it denied the property owner’s motion for a permanent injunction enjoining Crown Castle South from digging long trenches beyond its easement, filling them with fiber cables and disrupting “the land surface above,” said RJ’s opening appellant's brief Friday (docket 23-10453) in the 11th U.S. Circuit Court of Appeals. The excavation for the trenches resulted in uneven surfaces and flooding in the parking lot, preventing RJ’s from developing the property for a high-rise, multi-use project, it said.
Hytera Communications filed three pretrial motions Friday in U.S. District Court for Northern Illinois in Chicago (docket 1:20-cr-00688) to dismiss the government's theft of trade secrets criminal indictment against the company on various grounds.
The U.S. Supreme Court should “unequivocally abandon” the contemporary Chevron deference doctrine “because it contradicts Articles I, II, and III of the Constitution,” said an amicus brief (docket 22-451) in support of the petitioners in Loper Bright v. Raimondo submitted Monday by Sen. Ted Cruz, R-Texas, Rep. Mike Johnson, R-La., and 34 other Republican members of Congress.
Mark Walters, nationally syndicated talk show host of Armed American Radio, "fails to establish the basic elements of a defamation claim" when he alleges OpenAI’s ChatGPT service defamed him to a reporter, said OpenAI’s motion to dismiss Friday (docket 1:23-cv-03122) in U.S. District Court for Northern Georgia in Atlanta. OpenAI removed Walters’ June 2 defamation complaint to federal court July 14 from Gwinnett County Superior Court, and it’s basing its defense on disclosures to ChatGPT users that AI-generated content is “not always factual.”
Defendants Vision Solar and Solar Xchange will pay the federal government and the state of Arizona $62,000 each of a $13.9 million suspended civil penalty to settle allegations they violated the FTC Act, the Telemarketing Sales Rule and Arizona’s Consumer Fraud Act and Telephone Solicitations Act, said a stipulated order for a preliminary injunction and monetary judgment Thursday (docket 2:23-cv-01387) in U.S. District Court for Arizona. DOJ brought the complaint July 14 on the FTC’s behalf, plus with Arizona Attorney General Kris Mayes (D), as one of five newly announced FTC enforcement actions against illegal robocalls and telemarketing fraud that marked last week’s debut of Operation Stop Scam Calls (see 2307180035).
When “properly construed,” the U.S. Supreme Court’s 1984 decision in Chevron v. Natural Resources Defense Council “gels with TechFreedom’s broader understanding of how the administrative state should work,” said the think tank's amicus brief Thursday (docket 22-451) in support of the petitioners in Loper Bright v. Raimondo. But the Chevron doctrine “has gone too far,” it told SCOTUS. The petitioners are commercial fishing companies urging SCOTUS to “jettison” the Chevron doctrine (see 2307180033).
Hartford Fire Insurance opposes Comcast Spectacor’s July 4 motion to reassign its lawsuit against Factory Mutual Insurance to U.S. District Judge Michael Baylson for Eastern Pennsylvania in Philadelphia so it can be related to two other COVID-19 insurance cases pending before that judge, said Hartford’s response to the motion Wednesday (docket 2:23-cv-02476).
Sixty-three defendants, each an individual, business entity of “unknown makeup” or an unincorporated association, are engaged online in promoting and selling counterfeit Beatles goods or products with “confusingly similar imitations” of the legitimate articles, alleged Beatle rights holder Apple Corps and Subafilms, owner of the Yellow Submarine trademarks, in their amended complaint Wednesday (docket 0:23-cv-60769) in U.S. District Court for Southern Florida in Fort Lauderdale.