The district court erred in concluding that TikTok and its individual users were likely to prevail on the merits of their First Amendment, supremacy clause and commerce clause challenges to SB-419, Montana’s statewide TikTok ban, said Attorney General Austin Knudsen’s (R) opening brief Friday (docket 24-34) at the 9th U.S. Circuit Appeals Court. He's seeking to reverse the injunction that blocks him from enforcing the ban (see 2312010003).

Communications Litigation Today is tracking the below lawsuits involving appeals of FCC actions. Cases marked with an * were terminated since the last update. Cases in bold are new since the last update.

OpenAI, under its new board put in place during a tumultuous period in November amid Sam Altman’s ouster and return as CEO, is "refining" its artificial general intelligence (AGI) to maximize profits for Microsoft, "rather than for the benefit of humanity,” said Elon Musk’s fraud complaint Thursday (24-612746) in San Francisco County Superior Court.

Petitioners Wendy Smith, Michelle Martinez and Kenneth Turner are asking the U.S. Supreme Court to reverse the 9th U.S. Circuit Appeals Court’s affirmation of the district court’s dismissal of their case after compelling their claims to arbitration, saying the case “presents an important question of statutory construction under the Federal Arbitration Act.” Their opening brief was filed Feb. 26 (docket 22-1218).

A long-time T-Mobile customer is suing the carrier over the “regulatory programs & telco recovery fee” on its monthly invoices, said a class action removed Thursday to U.S. District Court for Central California in Los Angeles.

Telephone Consumer Protection Act plaintiff Thomas Grant seeks limited expedited discovery to preserve relevant records of calls that Republican Vivek Ramaswamy’s 2024 presidential campaign made to Grant and his putative class, said the plaintiff’s motion Thursday (docket 2:24-cv-00281) in U.S. District Court for Southern Ohio in Columbus.

Business Insider parent Insider Inc. violates the California Invasion of Privacy Act (CIPA) by using a tracking tool that collects the IP addresses of visitors to its website without prior consent and a court order, alleged a class action Thursday (docket 1:24-cv-01566) in U.S. District Court for Southern New York in Manhattan.

A Liberty, Missouri, hospital “disregarded” Dan Cook's rights by “intentionally, willfully, recklessly, or negligently failing to take and implement adequate and reasonable measures” to protect his personal health (PHI) and personally identifiable information (PII), alleged Cook's class action Wednesday (docket 4:24-cv-00134) in U.S. District Court for Western Missouri in Kansas City.

Crown Castle co-founder Ted Miller brought suit Tuesday in Delaware Chancery Court to invalidate the “cooperation agreement” the Crown Castle board entered into with Elliott Investment Management, an “activist” Crown Castle investor.

The arguments in the State Department’s opposition to expedited preliminary injunction discovery in the First Amendment case brought by Texas Attorney General Ken Paxton (R) and the right-leaning Daily Wire and Federalist media outlets lack merit, said the plaintiffs’ reply Wednesday (docket 6:23-cv-00609) in U.S. District Court for Eastern Texas in Tyler in support of that expedited discovery.