For counsel
The Docket
Live matters at the intersection of artificial intelligence and the Constitution. Statuses reflect the morning edition, not a live PACER feed.
| Matter | Court | Issue | Status | Beat |
|---|---|---|---|---|
| Joshi v. OpenAI | N.D. Fla. | Whether ChatGPT’s answers to the FSU gunman are protected speech, and whether a chatbot is a product | Motion to dismiss pending; Sept. 25 First Amendment brief | Free Speech |
| United States v. Kyle | N.D. Okla. (Hill, J.) | Warrantless Flock ALPR query as a Fourth Amendment search | Suppression granted; not binding precedent | Privacy Rights |
| Jackson Federation of Teachers v. Fitch | 5th Cir. / S.D. Miss. | Whether an AI-hallucinated TRO can stand, and whether Judge Wingate stays on the case | Argued Aug. 31; decision pending | Due Process Rights |
| xAI v. OpenAI | N.D. Cal. (Lin, J.) | Trade-secret misappropriation by departing engineers | Dismissed with leave to amend | Property Rights |
| Thomson Reuters v. ROSS Intelligence | 3d Cir. No. 25-2153 | Fair use of Westlaw headnotes to train a competing legal engine | Affirmed Sept. 29 | Property Rights |
| Union challenge to visa-holder speech surveillance | S.D.N.Y. (Hellerstein, J.) | Automated monitoring of noncitizen social media and chilled speech | Motion to dismiss denied | Free Speech |
| Florida v. OpenAI | Fla. 10th Cir., Highlands County | Consumer suit; motion to freeze new models and bar minors | Injunction motion pending | Parental Rights |
| In re Otter.ai Privacy Litigation | N.D. Cal. (Lee, J.) | ECPA and CIPA claims against an AI meeting notetaker | Core wiretap claims survived dismissal Aug. 13 | Privacy Rights |
| TradeSun v. OpenAI | N.D. Cal. No. 3:26-cv-11360 (Thompson, J.) | Trademark | Filed Oct. 5; assigned Oct. 6 | Property Rights |
| Protect Democracy v. National Cyber Director | D.D.C. | FOIA for pre-release AI review rules and GOLD EAGLE | Complaint filed Sept. 1 | Press & Disinformation |
| United States v. Heppner | S.D.N.Y. | Whether chats with Claude about pending charges are privileged | Held discoverable; not privileged | Due Process Rights |
| In re OpenAI Copyright Infringement Litigation | S.D.N.Y. MDL 3143 (Stein, J.) | News copyright and fair use; DOJ statement of interest on the file | Oct. 7 orders on leave to file in Times and Authors Guild tracks | Property Rights |