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Industry, California Say Feb. 23 Net Neutrality Argument Must Go On

Dismissing DOJ’s lawsuit against California’s net neutrality law (SB-822) doesn’t require postponing a Feb. 23 hearing on a pending preliminary injunction motion by ISP associations, said industry plaintiffs and California in a Tuesday joint status report (in Pacer). The court…

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asked last week how DOJ's withdrawal affected the case (see 2102090053). California’s position is DOJ’s exit “underscores Defendant’s arguments that SB 822 is not preempted” because “there is no currently operative statement” suggesting that from the FCC or U.S., said the report in case 2:18-cv-02684 at U.S. District Court in the Eastern District of California. But plaintiffs say it has “no bearing on Plaintiffs’ claims that SB 822 violates the Supremacy Clause,” it said.