Qualcomm is entitled to summary judgment in the antitrust multidistrict litigation against the chipmaker because the plaintiffs “have no evidence supporting a standalone exclusive dealing claim,” and that’s “all that remains” in the MDL, said Qualcomm’s motion Friday (docket 3:17-md-02773) in U.S. District Court for Northern California in San Francisco. The allegation “is no longer viable” that Qualcomm tried to “undercut” chip rivals by charging lower chip prices that it would then make up for through excess royalties, it said.

The consolidated amended complaint filed Feb. 15 alleging Discovery, Warner Bros. Discovery (WBD) and CEO David Zaslav and Chief Financial Officer Gunnar Wiedenfels are guilty of securities fraud (see 2302160002) “presents a classic case of pleading by hindsight,” said WBD’s memorandum of law Friday (docket 1:22-cv-08171) in U.S. District Court for Southern New York in support of its motion to dismiss. The plaintiffs said they brought the complaint to assert "strict liability and negligence claims” for false and misleading statements made in the run-up to Discovery’s April 8, 2022, WarnerMedia buy from AT&T.

Allegations in a MetroPCS March 21 motion for summary judgment that the California Public Utilities Commission failed to apply its calculated USF surcharge in the manner prescribed by state law (see 2303220063) are without merit, said the CPUC’s own cross-motion for summary judgment Friday (docket 3:17-cv-05959) in U.S. District Court for Northern California in San Francisco.

Dell is knowingly marketing and selling mobile devices with a defective hinge system, alleges a Friday breach of warranty class action (docket 1:23-cv-00937) in U.S. District Court for Maryland in Baltimore. Plaintiff Rachel Gunter, a Maryland citizen currently residing in Phoenix, bought a Dell Inspiron 7300-5395S 2-in-1 hybrid computer in September 2020, from a Best Buy store in Rockville, Maryland, said the complaint. Gunter bought the 2-in-1 computer for its hinge design, with 360-degree rotation, and touch-screen feature, said the complaint.

NCB Management Services, which buys credit-card debt from Bank of America and other financial institutions, sent notices to nearly 500,000 individuals March 24, informing them that their personally identifiable information (PII) was exposed to bad actors in a data breach it said it first learned about Feb. 1, alleged plaintiff Kylie Meyer’s class action Thursday (docket 2:23-cv-01340) in U.S. District Court for Eastern Pennsylvania in Philadelphia.

Contrary to the plaintiffs’ willingness to waive a jury trial against defendants Jacob Wohl and Jack Burkman for their roles in the threatening and intimidating robocall to suppress Black citizens' mail-in votes in the 2020 election (see 2303290031), Wohl and Burkman “to be perfectly clear do not waive their constitutional right to a jury trial,” their attorney David Schwartz wrote U.S. District Judge Victor Marrero for Southern New York in a letter response Thursday (docket 1:20-cv-08668). The defendants “rely on this venerable right and do insist on a jury trial,” said Schwartz.

Convicted shooter Dylann Roof was shown so much white supremacist propaganda online he believed the mass shooting he committed at Mother Emanuel Church in Charleston, S.C., “was necessary to spark a race war and save the white race.” So alleged a product liability complaint Wednesday (docket 2:23-cv-01370) against Facebook, Google and Yevgeny Prigozhin, founder of Russia-based Concord Management and Consulting in U.S. District Court for South Carolina in Charleston.

The FTC’s argument “lacks merit” that the March 27 opinion in FTC v. Walmart denying in part Walmart’s motion to dismiss an FTC enforcement action (see 2304040010) supports the commission’s opposition to Kochava’s motion to dismiss the agency’s privacy complaint for failure to state a claim, said Kochava’s response Thursday (docket 2:22-cv-00377) in U.S. District Court for Idaho in Coeur D’Alene.

Apple can't evade the law "that imposing new anticompetitive agreements and enforcing such agreements are each overt acts,” said SaurikIT, owner of third-party app store Cydia, in a reply brief Monday (docket 22-16527) in the 9th U.S. Circuit Court of Appeals. SaurikIT alleged in 2020 Apple was violating antitrust law in the app distribution and payment processing markets. Its Cydia third-party app store is available only on jailbroken Apple iOS devices.

U.S. District Judge David Horan for Northern Texas in Dallas signed a memorandum opinion and order Tuesday (docket 3:22-cv-00052) granting in part and denying in part Telephone Consumer Protection Act plaintiff Steve Noviello’s motion for an award of extra damages arising from Telephone Consumer Protection Act violations. Horan limited Noviello's recovery to the $6,500 in damages a jury awarded him in a Feb. 28 verdict in his favor for 13 unlawful calls or texts made to a number listed on the federal do not call registry since 2016.