T-Mobile, its former Senior Vice President-Sales James Kirby and its ex-Vice President-Sales Jason Grutzius engaged in a scheme of artificially inflating sales to small- and medium-business customers, alleged former Director-Sales Heidi Cramer in a sex discrimination lawsuit Tuesday that claims she was terminated when the plan went awry. T-Mobile assigned her “sole blame” for the wrongful actions of her male co-workers in the sales department, said the complaint (docket 2:22-cv-03800) in U.S. District Court for Southern Ohio in Columbus.
Lead plaintiff Walleye Group in the April 2020 securities class action alleging insider trading of Intelsat stock is seeking a 30-day deadline extension to file its second amended complaint in the action, if it opts to file one at all, said its motion Monday (docket 4:20-cv-02341) in U.S. District Court for Northern California in Oakland.
Communications Litigation Today is providing readers with the top stories from last week in case you missed them. Each can be found by searching on its title or by clicking on the hyperlinked reference number.
Saturday’s 9th U.S. Circuit Court of Appeals denial of Kelli Ward’s motion for an injunction to quash the House Jan. 6 Select Committee’s subpoena ordering T-Mobile to produce her phone records was the third such setback for the Arizona GOP chair in a month. U.S. District Judge Diane Humetewa in Phoenix previously denied Ward’s motions to quash on Sept. 22 and again on Oct. 7 (see 2210070026).
Amazon “does not dispute” that Sailed Technology’s application for a subpoena to compel discovery by Amazon for patent infringement litigation in the Chinese courts “falls squarely within” the scope of Section 1782, said Sail’s reply Friday in U.S. District Court for Western Washington in Seattle (docket 2:22-cv-01396).
CCIA and NetChoice petitioned the Supreme Court Monday in docket 22-277 to grant cert in Florida’s challenge of the 11th U.S. Circuit Court of Appeals ruling on the state’s social media moderation law. Florida filed its own cert petition in September, and attorneys general from 16 states and former President Donald Trump filed amicus briefs in support Friday. “Given the proliferation of proposals in other states that also abridge editorial discretion, the best course for all is for this Court to grant review now and establish clear bulwarks against state efforts that are antithetical to the First Amendment,” said the petition from CCIA and Netchoice.
Publicly available emails "prove” Anthony Fauci communicated and acted as intermediary to censor information across multiple social media platforms, the U.S. District Court for the Western District of Louisiana said Friday in an order granting the deposition of several high-ranking Biden administration officials in 3:22-CV-01213.
A 9th U.S. Circuit Court of Appeals decision Thursday in the Telephone Consumer Protection Act case Wakefield v. ViSalus (docket 21-35201) could lead to smaller verdicts in a variety of such lawsuits because it affirms that lower courts should analyze and reduce damage awards that are “unconstitutionally excessive.”
A federal judge on Friday was receptive to the FTC’s argument that Meta’s attempts to have Chair Lina Khan recused from a lawsuit against the company’s purchase of Within Unlimited should be settled at the agency level and not before the U.S. District Court for Northern California (see 2210190038).
Issues central to the case involving defendant Peerless Network in its legal fight with plaintiffs Qwest, Level 3 and Global Crossing should be referred to the FCC “under the doctrine of primary jurisdiction,” said the plaintiffs in a legal brief Thursday (docket 1:21-cv-03004) in U.S. District Court for Colorado. The case was moved last week into a proceeding under a magistrate judge for alternative dispute resolution (see 2210130069).