The Commerce Department issued its final determination in its countervailing duty investigation on brass rod from South Korea (C-580-917). Suspension of liquidation is currently not in effect for entries on or after Jan. 27, 2024, and Commerce will only require cash deposits of estimated CVD on future entries if it issues a CVD order.
The Commerce Department issued its final determinations in the antidumping duty investigations on brass rod from Brazil (A-351-859), India (A-533-915), Mexico (A-201-858), South Korea (A-580-916) and South Africa (A-791-828). Changes to cash deposit requirements set in these final determinations take effect April 22, the date they were published in the Federal Register.
A former Comcast utility pole worker's second amended complaint “suffers from the same deficiencies” as his original complaint and his first amended complaint, said Verizon’s motion to dismiss Thursday (docket 1:23-cv-08564) in U.S. District Court for New Jersey in Camden. The former worker, Greg Bostard, seeks to force Verizon to pay for his medical monitoring after years of exposure to Verizon’s toxic lead cables.
Great Lakes Home Remodeling engages in “offensive marketing practices” that violate the Telephone Consumer Protection Act when it makes telemarketing calls soliciting its roofing products and services, alleged Adam Besso’s class action Wednesday (docket 3:24-cv-00688) in U.S. District Court for Western Ohio in Toledo. Great Lakes calls individuals whose numbers are listed on the national do not call registry, and those who have requested not to be called and to be added to the company’s internal do not call list, said Besso’s complaint. The Pontiac, Michigan, plaintiff listed his cellphone number on the national DNC registry in April 2017, yet he began receiving marketing calls Dec. 18 from Great Lakes or representatives on its behalf. Solicitations were for roofing products and services, the complaint said. During these calls, Besso would inform Great Lakes that he wasn’t interested, it said. Besso estimates that Great Lakes phoned him at least nine times between Dec. 18 and March 21, said the complaint. After the March 21 call, he phoned Great Lakes at the number displayed on his caller ID and demanded that the company stop calling him, it said. But Great Lakes failed to honor Besso’s March 21 request, and even phoned him multiple times that day, it said. The plaintiff repeated his do not call demand March 26, yet at least 11 more calls followed between March 27 and Wednesday, the day he filed his class action, said the complaint. Great Lakes’ TCPA violations were negligent, or they were knowing and willful, it said. Besso and his potential class members were “damaged” by the violations because their privacy was “improperly invaded,” it said. Great Lakes’ calls also “temporarily seized and trespassed upon the use of their phones, and they were forced to divert attention away from other activities to address the unwanted calls,” it said. The complaint alleges that the defendant uses automated systems to make phone calls to hundreds, if not thousands of consumers across the U.S.
The Commerce Department issued its final determination in its countervailing duty investigation on non-refillable steel cylinders from India (C-533-913). Suspension of liquidation is currently not in effect for entries on or after Jan. 27, 2024, and Commerce will only require cash deposits of estimated CVD on future entries if it issues a CVD order.
A listing of recent Commerce Department antidumping and countervailing duty messages posted on CBP's website April 18, along with the case number(s) and CBP message number, is provided below. The messages are available by searching for the listed CBP message number at CBP's ADCVD Search page.
U.S. District Judge Gary Klausner for Central California in Los Angeles denied the motion to remand of a Jane Doe plaintiff who sued PHE, owner of adult products website Adam & Eve, for privacy violations, said his order (docket 2:24-cv-01065) Monday. Doe filed a class action complaint against PHE Jan. 3, alleging that after she used the Adam & Eve website, the company disclosed her personal sexual information and IP address to Google via Google Analytics without her consent. Doe originally filed the action against PHE in Central California district court Sept. 25. The case was dismissed and Doe then added Google to the lawsuit and filed in state court; Google removed the case to district court in February (see 2403110004). The defendants argued that Doe didn’t meet the local controversy exception's three requirements for a district court to decline federal jurisdiction under the Class Action Fairness Act (CAFA): that two-thirds of the putative class are California citizens; that the principal injuries from the alleged conduct were incurred in California; and that no similar class actions have been filed vs. the defendant in the past three years. The court disagreed with Doe’s contention that the class was comprised solely of California residents. On the injuries question, Doe failed to convince the court to depart from the “numerous California district courts which have routinely held that artificially restricting a nationwide injury to appear purely Californian in nature does not warrant remand”; therefore, the principal injuries requirement wasn't met, said the order. In a separate order, Klausner dismissed Doe’s complaint, saying she can refile within seven days of the order “with her true legal name.” In response to the court’s order to show cause for proceeding by pseudonym, Doe argued that she would otherwise be forced to publicly reveal her purchase history, which would reveal her sexual practices, preferences and orientation, which could lead to public ridicule and social stigmatization, said the order. Doe’s purchase history may subject her to “severe ridicule and stigma so as to outweigh public interest,” but that harm can be avoided “simply by obtaining a protective order and filing that information under seal,” the order said.
A listing of recent Commerce Department antidumping and countervailing duty messages posted on CBP's website April 17, along with the case number(s) and CBP message number, is provided below. The messages are available by searching for the listed CBP message number at CBP's ADCVD Search page.
Virginia broadband providers applauded a federal court for tossing a railroad association’s challenge of a 2023 state law that gave ISPs access rights to railroad property. In an opinion Monday, U.S. District Court for Eastern Virginia Judge David Novak dismissed a lawsuit by the Association of American Railroads (AAR) against state officials including Virginia State Corporation Commission Judge Jehmal Hudson (case 1:23-cv-00815-DJN-WEF). The court rejected two counts for lack of standing, two for failure to state a claim and two as barred by sovereign immunity.
Peacock TV and NBC “intentionally designed” their apps to collect and transmit subscribers’ video viewing history and personally identifiable information (PII) to third parties, said Amma Afriyie and Roy Campbell in their memorandum of law Friday (docket 1:23-cv-09433) in U.S. District Court for Southern New York in Manhattan in opposition to the defendants’ motion to dismiss (see 2401220054).