Verizon is moving for summary judgment against Southwick, Massachusetts, and six members of its planning board on count I of the carrier's March 2021 complaint, said its motion Friday (docket 3:21-cv-10414) in U.S. District Court for Massachusetts in Springfield. Verizon alleged the town’s denial of its application for a special permit and site plan approval for a wireless communications facility violated the Telecommunications Act.
The FTC seeks a protective order to prevent disclosure of the discovery taken in the commission’s investigation of Microsoft’s proposed Activision Blizzard buy and its administrative proceedings involving the transaction because the discovery contains confidential commercial information from Microsoft, Activision and third parties, said the agency’s motion Saturday (docket 3:23-cv-02880) in U.S. District Court for Northern California in San Francisco. Microsoft and Activision, in a joint response Monday, said they oppose the motion because the FTC refuses to allow their in-house counsel access to confidential trial exhibits.
T-Mobile “obviously” is aware of the change in Delaware corporate law that now permits corporations to amend their certificates of incorporation to limit the personal liability of most senior officers for monetary damages if the officers breach their fiduciary duty of care, President-CEO Mike Sievert told T-Mobile’s annual meeting virtually Friday. T-Mobile is “tracking” the change in Delaware corporate law “as a company and as a board," said Sievert in Q&A. “But we have not made any changes to the certificate of incorporation at this time,” he said. “The duty of care is very important and taken very seriously by both our board and our management. If there is an update to our policies, we’ll make sure to disclose that publicly to you.” It was the only shareholder question raised online during Q&A, and it's not known who raised it because neither Sievert nor T-Mobile Chairman Timotheus Hottges, who read the question from a monitor, didn't identify the questioner.
Plaintiffs Donald Owens and Aida Albino Wimbush and members of their proposed class suffered “ascertainable losses” from Onix Group’s failure to secure and safeguard the private information of 319,500 patients in a recent data breach and ransomware attack, alleged their class action Thursday (docket 2:23-cv-02301) in U.S. District Court for Eastern Pennsylvania in Philadelphia. Onix’s negligence cost the plaintiffs and class members out-of-pocket expenses and lost time trying to remedy or mitigate the effects of the attack, including the “imminent risk of future harm caused by the compromise of their sensitive personal information,” it said.
The censorship harms that three Twitter user appellants allege against Health and Human Services officials in Changizi v. HHS (docket 22-3573) aren’t “redressable” through the “very broadly worded injunction” they seek to thwart the officials from pressuring Twitter to ramp up its misinformation enforcement, DOJ attorney Daniel Winik told a 6th U.S. Circuit Court of Appeals panel in oral argument Thursday (see 2306150049).
Charter Communications seeks a temporary and preliminary injunction to prevent defendant Bobbie Gilbert, its former director-state government affairs, from continuing to violate her noncompete agreement and misappropriate Charter’s trade secrets, said Charter’s complaint Thursday (docket 6:23-cv-02717) in U.S. District Court for South Carolina in Greenville.
U.S. District Judge Jacqueline Scott Corley for Northern California in San Francisco is expanding the court’s two-day evidentiary hearing to portions of five days on the FTC’s motion for a preliminary injunction to block Microsoft’s Activision Blizzard buy (see 2306140025), said her signed order Wednesday (docket 3:23-cv-02880). Microsoft and Activision, in a motion Wednesday for an expedited case management conference, warned that a two-day hearing is “not enough time to present the issues in this case.”
The lawyer for three Twitter user appellants who allege senior Health and Human Services officials coerced the platform into suspending their accounts and censoring their content for spreading COVID-19 misinformation in their tweets faced tough questions from a 6th U.S. Circuit Appeals Court panel in oral argument Thursday to explain why their claims against the government don’t fail under the chronology test. The appellants in Changizi v. HHS (docket 22-3573) are seeking to reverse the district court’s dismissal of their complaint for lack of jurisdiction and failure to state a claim, arguing the lower court erroneously concluded the plaintiffs lacked standing because they suffered no concrete harm.
The district court correctly decided there was no “genuine dispute of material fact” that Simply Wireless had abandoned any rights it may have had to the Simply Prepaid trademark, said T-Mobile’s answering brief Tuesday (docket 22-2236) in the 4th U.S. Circuit Court of Appeals. Appellant Simply Wireless wants the 4th Circuit to set aside the U.S. District Court for the Eastern District of Virginia’s grant of summary judgment for T-Mobile on grounds that it paused use of Simply Prepaid for legitimate business reasons (see 2303170025).
St. Joseph, Missouri, denies its rejection of AT&T’s application for a conditional use permit to build a 175-foot cell tower was unlawful, said the city’s answer Tuesday in U.S. District Court for Western Missouri in St. Joseph. AT&T’s Feb. 22 complaint (docket 5:23-cv-06023), consolidated with a similar case (docket 5:23-cv-06114), alleges the city’s denial prohibits the provision of personal wireless services, in violation of the Telecommunications Act and Missouri’s Uniform Wireless Communications Infrastructure Deployment Act.