Defendants Gary Cardone and Monica Eaton’s amended motion to dismiss a fraud complaint should be denied, plaintiffs the FTC and state of Florida responded (docket 8:23-cv-00796 ) Thursday in U.S. District Court for Middle Florida in Tampa, saying their claims “easily satisfy the low threshold for defeating a motion to dismiss.”
Hytera Communications filed three pretrial motions Friday in U.S. District Court for Northern Illinois in Chicago (docket 1:20-cr-00688) to dismiss the government's theft of trade secrets criminal indictment against the company on various grounds.
No lawsuits were recently filed at the Court of International Trade.
U.S. District Judge Karen Spencer Marston for Eastern Pennsylvania in Philadelphia granted a motion to consolidate related class actions against Onix Group for a March data breach that affected some 320,000 individuals’ personally identifiable information (see 2307130062), said her order Wednesday (docket 2:23-cv-02301). Marston directed plaintiffs in the consolidated class action to file an amended complaint in their data breach litigation no later than Sept. 15, with defendants’ response due by Nov. 17. All cases that have been designated to Meyers v. Onix Group will be consolidated with the lead case, Marston said. The court appointed as co-lead counsel Benjamin Johns of Shub & Johns and Gary Klinger of Milberg Coleman. Among plaintiffs’ claims are unfair trade practices and consumer protection law violations, negligence and unjust enrichment.
Importer Amsted Rail Co. voluntarily dismissed its conflict-of-interest suit against the Commerce Department at the Court of International Trade. The case, involving the company's former counsel Daniel Pickard, now partner at Buchanan Ingersoll, was previously stayed pending resolution of a related matter against the International Trade Commission. Amsted earlier this month also dismissed the ITC matter at the U.S. Court of Appeals for the Federal Circuit after the importer filed a joint stipulation of voluntary dismissal (see 2307050052) (Amsted Rail Co. v. U.S., CIT # 22-00316).
Proposed changes by the Commerce Department to its antidumping and countervailing duty regulations were met with a diverse array of responses from governments, producers, importers, lawyers and others, with particular focus on the agency's proposal to consider intellectual property, human rights and environmental protections in AD/CVD proceedings and proposed changes that would allow particular market situation adjustments to the sales-below-cost test.
Five newly announced FTC enforcement actions against illegal robocalls and telemarketing fraud marked Tuesday’s debut of Operation Stop Scam Calls, a nationwide “enforcement sweep” involving more than 100 federal and state agencies, including DOJ, the FCC and the attorneys general of all 50 states, plus the District of Columbia.
Plaintiff Angela Haynie agreed to consolidate her fraud class action against Onix Group in a response (docket 2:23-cv-02689) to court orders in support of plaintiff Eric Meyers, Donald Owens and Aida Wimbush’s Wednesday motion (see 2307130062) to consolidate the related actions, appoint interim co-lead counsel and set a schedule for filing a consolidated amended complaint in U.S. District Court for Eastern Pennsylvania in Philadelphia. The fraud complaints against Onix allege the company failed to secure and safeguard about 320,000 individuals’ personally identifiable information and personal health information during a March data breach in its healthcare business. Haynie claims unfair trade practices and consumer protection law violations, negligence and unjust enrichment. She supports the appointment of Benjamin Johns of Shub & Johns and Gary Klinger of Milberg Coleman as interim co-lead class counsel.
The following lawsuits were filed at the Court of International Trade during the week of July 10-16:
The following lawsuits were recently filed at the Court of International Trade: