Solicitor General Elizabeth Prelogar wants the U.S. Supreme Court to stay the preliminary injunction that bars Biden administration officials from coercing social media companies to moderate their content, pending the disposition of the government’s SCOTUS cert petition, said her application Thursday afternoon (docket 23A243). The government plans to file its cert petition by Oct. 12, said the application.
The 5th U.S. Circuit Court of Appeals, in a Monday afternoon order (docket 23-30445), denied DOJ’s emergency motion for a partial stay, pending its issuance of a mandate, of U.S. District Judge Terry Doughty’s July 4 injunction barring dozens of Biden administration officials from pressuring social media companies to moderate their content (see 2309110001). The 5th Circuit granted DOJ’s alternative motion to issue the mandate immediately, putting into effect the significant changes in the injunction that the court imposed in its Friday opinion. That opinion vacated the injunction as it applied to officials from three federal agencies, and it struck nine of the 10 prohibitions barring unlawful First Amendment conduct against officials from the White House, the Office of the Surgeon General, the FBI and the Centers for Disease Control and Prevention. DOJ’s emergency motion had sought either form of relief to avoid the “improper result” of allowing the district court’s preliminary injunction to regain effect after the administrative stay expires Sept. 18, even after having been held “invalid” by the 5th Circuit. In the normal course of business, the mandate wouldn’t have issued until Oct. 31. DOJ’s emergency motion had asked the 5th Circuit for a ruling by Wednesday. The court instead took less than three hours to render an order.
The Commerce Department and the International Trade Commission published the following Federal Register notices Sept. 13 on AD/CVD proceedings:
The Commerce Department published notices in the Federal Register Sept. 13 on the following AD/CV duty proceedings (any notices that announce changes to AD/CV duty rates, scope, affected firms or effective dates will be detailed in another ITT article):
Georgia courts have general jurisdiction over OpenAI, and OpenAI “mistakenly argues that general jurisdiction only exists in the place of incorporation and the principal place of business,” said plaintiff Mark Walters’ response Friday (docket 1:23-cv-03122) in U.S. District Court for Northern Georgia in opposition to OpenAI’s motion to dismiss. Walters also filed an amended complaint Friday against OpenAI, as he said he would do in a joint preliminary report Sept. 4 (see 2309060026). Walters alleges OpenAI’s ChatGPT service defamed him to journalist Fred Riehl, but OpenAI’s July 21 motion to dismiss said the lawsuit "fails to establish the basic elements of a defamation claim" (see 2307240031). OpenAI “has chosen to register to do business in Georgia as a foreign entity,” said Walters’ opposition. It also has a registered agent in Georgia and a registered agent address, it said. The Georgia Supreme Court “has ruled that an entity that registers to do business in Georgia is considered under Georgia law to be a resident of Georgia,” it said. OpenAI is thus “at home” in Georgia “for the purposes of general personal jurisdiction,” it said. Because OpenAI is subject to the general jurisdiction of courts in Georgia, the Northern District of George has personal jurisdiction over OpenAI, it said.
Charter Communications seeks a preliminary injunction enjoining Bridger Mahlum, its former director-state government affairs, from working for BroadbandMT or any other direct competitor and to keep him from divulging Charter’s trade secrets (see 2308210001), said its emergency motion Friday (docket 3:23-cv-01106) in U.S. District Court for Connecticut in New Haven. The court’s Aug. 30 order granted Charter’s request for a temporary restraining order against Mahlum, giving him until Sept. 29 to show cause why it shouldn’t issue a preliminary injunction in Charter’s favor. But Mahlum can’t make such a showing, “as he has blatantly violated the valid, enforceable restrictive covenants” in his Charter employment agreements and threatens to misappropriate Charter’s trade secrets for BroadbandMT’s benefit, if he hasn’t already done so, said Charter’s emergency motion. “Emergency preliminary injunctive relief is necessary in this case,” it said. Mahlum’s employment for BroadbandMT “is precisely the type of unfair competition” that the noncompete covenants in his agreements “are designed to guard against,” it said. Mahlum’s unlawful activities “immediately and irreparably harm Charter and may be remedied only by emergency and preliminary injunctive relief pending the outcome of a separate arbitration Charter filed against Mahlum,” it said. The parties’ arbitration agreement “contains a specific carve out for actions seeking temporary and preliminary injunctive relief,” it said.
The Commerce Department published notices in the Federal Register Sept. 12 on the following AD/CV duty proceedings (any notices that announce changes to AD/CV duty rates, scope, affected firms or effective dates will be detailed in another ITT article):
The Commerce Department published the preliminary results of its antidumping duty administrative review on silicon metal from Malaysia (A-557-820), calculating an AD rate of zero percent for sole mandatory respondent PMB Silicon Sdn. Bhd. If the agency's finding is continued in the final results, Commerce will instruct CBP to liquidate appropriate entries entered Feb. 1, 2021, through July 31, 2022, without regard to antidumping duties. Any changes to the cash deposit rate would take effect on the publication date of the final results in the Federal Register.
The Commerce Department published the final results of the antidumping duty administrative review on wood mouldings and millworks products from China (A-570-117). These final results will be used to set final assessments of AD duties on importers for subject merchandise entered Aug. 12, 2020, through Jan. 31, 2022.
The Commerce Department released the final results of its countervailing duty administrative review on crystalline silicon photovoltaic products from China (C-570-011). The agency calculated a CVD rate of 13.21% for the only company under review, Trina Solar (Changzhou) Science & Technology Co., Ltd. and its cross-owned affiliates. These final results will be used to set final assessments of CV duties on importers for subject merchandise entered during calendar year 2021. A new 13.21% CVD cash deposit rate for Trina Solar take effect Sept. 13, the date these final results are set to be published in the Federal Register.