On March 7, 2018, the FCC notified the Judicial Panel on Multidistrict Litigation of twelve petitions for review of the Restoring Internet Freedom Order (filed by Mozilla Corp.; Vimeo; State of New York; California PUC; National Hispanic Media Coalition; County of Santa Clara; Benton Foundation; Public Knowledge; Open Technology Institute; Free Press; Coalition for Internet Openness; and Etsy). The petitions for review were filed in two different courts of appeals (Ninth Circuit and D.C. Circuit) within ten days after the Order was published in the Federal Register. The Ninth Circuit was initially randomly selected to hear the repeal litigation, although parties were permitted to file a motion to transfer the case back to the D.C. Circuit. The decision to transfer is ultimately up to the 9th Circuit.
On March 28, 2018, the Ninth Circuit agreed to transfer the net neutrality repeal litigation to the D.C. Circuit for review. In a brief order, the three-judge panel cited petitioners’ unopposed motion to transfer the case.
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