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Column: GOP thinks the court orders they used against Biden should be outlawed — because they now target Trump

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Column: GOP thinks the court orders they used against Biden should be outlawed — because they now target Trump

The old political adage that “where you stand depends upon where you sit” has been getting aired out in Washington.

Republicans and conservatives used to celebrate judges’ issuance of nationwide court injunctions to block Biden policies or progressive government programs.

Now that nationwide court injunctions are being used to block Trump policies, however, onetime fans of the practice have decided that it’s unconstitutional and illegal and needs to be outlawed.

National injunctions are equal opportunity offenders.

— Law professors Nicholas Bagley and Samuel Bray

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“When a single district court judge halts a law or policy across the entire country,” Rep. Jim Jordan (R-Ohio), chairman of the House Judiciary Committee, wrote his colleagues on Monday, “it can undermine the federal policymaking process and erode the ability of popularly elected officials to serve their constituents.”

That’s not untrue. But I couldn’t find evidence that Jordan ever made this point before Trump came into office. I asked his committee staff to identify any such reference, but haven’t heard back.

The issue of nationwide injunctions — in which federal judges apply their rulings beyond the specific plaintiffs who have brought suits in their courthouses — dovetails with another widely decried abuse of the judicial process. That’s “judge-shopping,” through which litigants connive to bring their cases before judges they assume will rule in their favor, typically by filing lawsuits in judicial divisions staffed by only a single judge whose predilections are known.

The combination of these schemes allowed conservative judges in remote federal courthouses to block major policy initiatives by President Biden, such as his efforts to enact student debt relief.

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Judges also took aim at longer-standing progressive programs, as when Judge Reed O’Connor of Fort Worth, a George W. Bush appointee, declared the entire Affordable Care Act unconstitutional in 2018. The Supreme Court decisively slapped O’Connor down with a 7-2 ruling upholding the ACA’s constitutionality in 2021.

Ignoring the Supreme Court’s signal, O’Connor subsequently ruled that the ACA’s provision for no-cost preventive services was also unconstitutional. Parts of that ruling were overturned by an appeals court, but parts are now before the Supreme Court, which will hear the case this year.

Then there’s federal Judge Matthew Kacsmaryk of Amarillo, Texas, who last year overturned the Food and Drug Administration’s long-standing approval of the abortion drug mifepristone. The Supreme Court unanimously threw out that case in June.

During the Biden administration, a serial abuser of the judge-shopping process was Texas Atty. Gen. Ken Paxton.

According to a 2023 analysis by Steve Vladeck of Georgetown law school, in the first two years of Biden’s term, Texas filed 29 challenges to Biden initiatives. Not a single case was filed in Austin, where the attorney general’s office is but where a lawsuit had only a 50-50 chance of drawing a Republican judge. Nor were any cases filed in the big cities of Houston, Dallas, San Antonio or El Paso.

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Instead, they were filed in the court’s single-judge Victoria, Midland and Galveston divisions, where the state had a 100% chance of drawing a judge appointed by Trump; in Amarillo, where the chance was 95%; and Lubbock, where it was 67%.

Republicans and conservatives raised no fuss about judge-shopping and nationwide injunctions when they targeted Biden or Obama policies.

But now they’re screaming bloody murder about “rogue judges,” suggesting the judges are exceeding their authority simply because they have ruled against Trump and applied their rulings nationwide. Rep. Darrell Issa (R-Bonsall), for example, has introduced what he calls the No Rogue Rulings Act, which would bar nationwide injunctions.

It’s true that “national injunctions are equal opportunity offenders,” as Nicholas Bagley of the University of Michigan and Samuel Bray of Notre Dame wrote in 2018. “Before courts entered national injunctions against the Trump administration, they used them to thwart the Obama administration’s rule for overtime pay and its signature immigration policy, Deferred Action for Childhood Arrivals.”

They were referring to injunctions issued against President Trump during his first term, but the pace has quickened during the current term.

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That’s not necessarily because judges have become more roguish, but because Trump has given them more to ponder. In his first 65 days in office, Vladeck reported in a recent post, Trump issued 100 executive orders, besting the record set by Franklin D. Roosevelt in his first hundred days, when he issued 99. Biden issued only 37 executive orders in his first 65 days, and Trump only 17 in the same span during his first term.

Those orders and other Trump actions have triggered more than 67 lawsuits seeking preliminary injunctions or temporary restraining orders, Vladeck calculated; federal judges have granted some relief in 46 of those cases.

There are some important differences from the litigation style of Biden’s partisan opponents, however. For one thing, Trump’s challengers haven’t engaged in judge-shopping. With one short-lived exception, none of the 67 cases was filed in a single-judge division.

The majority of cases in Vladeck’s database were filed in courts where the chance of drawing a specific judge was less than 15%. The cases were filed in 14 different courts, with a plurality (31 of the 67) filed in the Washington, D.C., judicial district — not a surprise, since that’s the customary venue for lawsuits challenging a government action.

Judge-shopping isn’t illegal, but even conservatives have found it to be sleazy. Last year, the Judicial Council of the United States, a policy guidance body headed by Chief Justice John G. Roberts Jr., stated that any lawsuit seeking a nationwide or statewide injunction against the government should be randomly assigned to a judge in the federal district where it’s filed.

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The guidance, which wasn’t binding, won wide support in the federal judiciary — except in the Northern District of Texas, home to the Amarillo, Fort Worth and Lubbock divisions. There the chief judge said he wouldn’t agree.

During a recent appearance on Fox News, Jordan was asked by the conservative anchor Mark Levin whether Democrats are “forum-shopping” to get cases before judges appointed by Democratic presidents. Jordan assented enthusiastically, grousing: “You have a judge in Timbuktu, California, who can do some order and some injunction” to obstruct Trump.

Jordan’s reference was to U.S. District Judge William Alsup, who on Feb, 28 issued a temporary restraining order requiring Trump to cease the wholesale firing of federal employees at six agencies and return the workers to their jobs.

A couple of things about that. First, I’ve been to the real Timbuktu, which is a desert outpost in Mali. San Francisco is possibly the one city in America least likely to be mistaken for that Timbuktu. San Francisco is a city of more than 800,000 residents, nestled within a metropolitan area of 7.5 million. Amarillo, where Kacsmaryk presides, is a community of about 202,000, within a metro area of 270,000.

As for judge-shopping, Jordan might want to bring his concerns to the Trump administration itself. On March 27, the administration filed a federal lawsuit to terminate collective bargaining agreements reached by eight federal agencies.

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The White House filed the case not in northern Virginia, the District of Columbia or any other jurisdiction where large numbers of affected federal workers probably live and work, but in Waco, Texas, a courthouse with a single federal judge, a Trump appointee.

“It’s the height of irony that the only judge-shopping we’re seeing in Trump-related cases is … from Trump,” Vladeck observes.

One might be tempted to give the Republicans the benefit of the doubt on their crusade against “rogue” judges, except for a couple of factors. One is their silence about nationwide injunctions when the results meshed with their anti-Biden ideology.

The other is that their objections to nationwide injunctions has been couched within a broader attack on the independent judiciary. Republicans have advocated impeaching judges for rulings against Trump, a stance that drew a rare public pushback from Chief Justice Roberts.

House Speaker Mike Johnson (R-La.) also raised the prospect of shutting down courts that flout Republican initiatives. “We can eliminate an entire district court. We have power of funding over the courts and all these other things,” he told reporters last week. “But desperate times call for desperate measures, and Congress is going to act.”

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All that makes their position look less like a principled stand against judicial activism, and more like partisan hypocrisy.

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California led the nation in job cuts last year, but the pace slowed in December

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California led the nation in job cuts last year, but the pace slowed in December

Buffeted by upheavals in the tech and entertainment industries, California led the nation in job cuts last year — but the pace of layoffs slowed sharply in December both in the state and nationwide as company hiring plans picked up.

State employers announced just 2,739 layoffs in December, well down from the 14,288 they said they would cut in November.

Still, with the exception of Washington, D.C., California led all states in 2025 with 175,761 job losses, according to a report from outplacement firm Challenger, Gray & Christmas.

The slowdown in December losses was experienced nationwide, where U.S.-based employers announced 35,553 job cuts for the month. That was down 50% from the 71,321 job cuts announced in November and down 8% from the 38,792 job cuts reported the same month last year.

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That amounted to good news in a year that saw the nation’s economy suffer through 1.2 million layoffs — the most since the economic destruction caused by the pandemic, which led to 2.3 million job losses in 2020, according to the report.

“The year closed with the fewest announced layoff plans all year. While December is typically slow, this coupled with higher hiring plans, is a positive sign after a year of high job cutting plans,” Andy Challenger, a workplace expert at the firm, said in a statement.

The California economy was lashed all year by tumult in Hollywood, which has been hit by a slowdown in filming as well as media and entertainment industry consolidation.

Meanwhile, the advent of artificial intelligence boosted capital spending in Silicon Valley at the expense of jobs, though Challenger said the losses were also the result of “overhiring over the last decade.”

Workers were laid off by the thousands at Intel, Salesforce, Meta, Paramount, Walt Disney Co. and elsewhere. Apple even announced its own rare round of cuts.

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The 75,506 job losses in technology California experienced last year dwarfed every other industry, according to Challenger’s data. It attributed 10,908 of the cuts to AI.

Entertainment, leisure and media combined saw 17,343 announced layoffs.

The losses pushed the state’s unemployment rate up a tenth of a point to 5.6% in September, the highest in the nation aside from Washington, D.C., according to the U.S. Bureau of Labor Statistics data released in December.

September also marked the fourth straight month the state lost jobs, though they only amounted to 4,500 in September, according to the bureau data.

Nationally, Washington, D.C., took the biggest jobs hits last year due to Elon Musk’s initiative to purge the federal workforce. The district’s 303,778 announced job losses dwarfed those of California, though there none reported for December.

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The government sector led all industries last year with job losses of 308,167 nationwide, while technology led in private sector job cuts with 154,445. Other sector with losses approaching 100,000 were warehousing and retail.

Despite the attention focused on President Trump’s tariffs regime, they were only cited nationally for 7,908 job cuts last year, with none announced in December.

New York experienced 109,030 announced losses, the second most of any state. Georgia was third at 80,893.

These latest figures follow a report from the Labor Department this week that businesses and government agencies posted 7.1 million open jobs at the end of November, down from 7.4 million in October. Layoffs also dropped indicating the economy is experiencing a “low-hire, low-fire” job market.

At the same time, the U.S. economy grew at an 4.3% annual rate in the third quarter, surprising economists with the fastest expansion in two years, as consumer and government spending, as well as exports, grew. However, the government shutdown, which halted data collection, may have distorted the results.

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Still, December’s announced hiring plans also were positive. Last month, employers nationwide said they would hire 10,496 employees, the highest total for the month since 2022 when they announced plans to hire 51,693 workers, Challenger said.

The December plans contrasted sharply with the 12-month figure. Last year, U.S. employers announced they would hire 507,647 workers, down 34% from 2024.

The Associated Press contributed to this report.

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Commentary: Yes, California should tax billionaires’ wealth. Here’s why

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Commentary: Yes, California should tax billionaires’ wealth. Here’s why

That shrill, high-pitched squeal you’ve been hearing lately? Don’t bother trying to adjust your TV or headphones, or calling your doctor for a tinnitis check. It’s just America’s beleaguered billionaires keening over a proposal in California to impose a one-time wealth tax of up to 5% on fortunes of more than $1 billion.

The billionaires lobby has been hitting social media in force to decry the proposed voter initiative, which has only started down the path toward an appearance on November’s state ballot. Supporters say it could raise $100 billion over five years, to be spent mostly on public education, food assistance and California’s medicaid program, which face severe cutbacks thanks to federal budget-cutting.

As my colleagues Seema Mehta and Caroline Petrow-Cohen report, the measure has the potential to become a political flash point.

The rich will scream The pundits and editorial-board writers will warn of dire consequences…a stock market crash, a depression, unemployment, and so on. Notice that the people making such objections would have something personal to lose.

— Donald Trump advocating a wealth tax, in 2000

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Its well-heeled critics include Jessie Powell, co-founder of the Bay Area-based crypto exchange platform Kraken, who warned on X that billionaires would flee the state, taking with them “all of their spending, hobbies, philanthropy and jobs.”

Venture investor Chamath Palihapitiya claimed on X that “$500 billion in wealth has already fled the state” but didn’t name names. San Francisco venture investor Ron Conway has seeded the opposition coffers with a $100,000 contribution. And billionaire Peter Thiel disclosed on Dec. 31 that he has opened a new office in Miami, in a state that not only has no wealth tax but no income tax.

Already Gov. Gavin Newsom, a likely candidate for the Democratic nomination for president, has warned against the tax, arguing that it’s impractical for one state to go it alone when the wealthy can pick up and move to any other state to evade it.

On the other hand. Rep. Ro Khanna (D-Fremont), usually an ally of Silicon Valley entrepreneurs, supports the measure: “It’s a matter of values,” he posted on X. “We believe billionaires can pay a modest wealth tax so working-class Californians have Medicaid.”

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Not every billionaire has decried the wealth tax idea. Jensen Huang, the CEO of the soaring AI chip company Nvidia — and whose estimated net worth is more than $160 billion — expressed indifference about the California proposal during an interview with Bloomberg on Tuesday.

“We chose to live in Silicon Valley and whatever taxes, I guess, they would like to apply, so be it,” he said. “I’m perfectly fine with it. It never crossed my mind once.”

And in 2000, another plutocrat well known to Americans proposed a one-time tax of 14.25% on taxpayers with a net worth of $10 million or more. That was Donald Trump, in a book-length campaign manifesto titled “The America We Deserve.”

“The rich will scream,” Trump predicted. “The pundits and editorial-board writers will warn of dire consequences … a stock market crash, a depression, unemployment, and so on. Notice that the people making such objections would have something personal to lose.” (Thanks due to Tim Noah of the New Republic for unearthing this gem.)

Trump’s book appeared while he was contemplating his first presidential campaign, in which he presented himself as a defender of the ordinary American. His ghostwriter, Dave Shiflett, later confessed that he regarded the book as “my first published work of fiction.”

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All that said, let’s take a closer look at the proposed initiative and its backers’ motivation. It’s gaining nationwide attention because California has more billionaires than any other state.

The California measure’s principal sponsor, the Service Employees International Union, and its allies will have to gather nearly 875,000 signatures of registered voters by June 24 to reach the ballot. The opposition is gearing up behind the catchphrase “Stop the Squeeze” — an odd choice for a rallying cry, since it’s hard to imagine the average voter getting all het up about multibillionaires getting squoze.

The measure would exempt directly held real estate, pensions and retirement accounts from the calculation of net worth. The tax can be paid over five years (with a fee charged for deferrals). It applies to billionaires residing in California as of Jan. 1, 2026; their net worth would be assessed as of Dec. 31 this year. The measure’s drafters estimate that about 200 of the wealthiest California households would be subject to the tax.

The initiative is explicitly designed to claw back some of the tax breaks that billionaires received from the recent budget bill passed by the Republican-dominated Congress and signed on July 4 by President Trump. The so-called One Big Beautiful Bill Act will funnel as much as $1 trillion in tax benefits to the wealthy over the next decade, while blowing a hole in state and local budgets for healthcare and other needs.

California will lose about $19 billion a year for Medi-Cal alone. According to the measure’s drafters, that could mean the loss of Medi-Cal coverage for as many as 1.6 million Californians. Even those who retain their eligibility will have to pay more out of pocket due to provisions in the budget bill.

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The measure’s critics observe that wealth taxes have had something of a checkered history worldwide, although they often paint a more dire picture than the record reflects. Twelve European countries imposed broad-based wealth taxes as recently as 1995, but these have been repealed by eight of them.

According to the Tax Foundation Europe, that leaves wealth taxes in effect only in Colombia, Norway, Spain and Switzerland. But that’s not exactly correct. Wealth taxes still exist in France and Italy, where they’re applied there to real estate as property taxes, and in Belgium, where they’re levied on securities accounts valued at more than 1 million euros, or about $1.16 million.

Switzerland’s wealth tax is by far the oldest, having been enacted in 1840. It’s levied annually by individual cantons on all residents, at rates reaching up to about 1% of net worth, after deductions and exclusions for certain categories of assets.

The European countries that repealed their wealth taxes did so for varied reasons. Most were responding at least partially to special pleading by the wealthy, who threatened to relocate to friendlier jurisdictions in a continent-wide low-tax contest.

That’s the principal threat raised by opponents of the California proposal. But there are grounds to question whether the effect would be so stark. For one thing, notes UC Berkeley economist Gabriel Zucman, an advocate of wealth taxes generally, “it has become impossible to avoid the tax by leaving the state.” Billionaires who hadn’t already established residency elsewhere by Jan. 1 this year have missed a crucial deadline.

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The initiative’s drafters question the assumption that millionaires invariably move from high- to low-tax jurisdictions, citing several studies, including one from 2016 based on IRS statistics showing that elites are generally unwilling to move to exploit tax advantages across state lines.

As for the argument that billionaires could avoid the tax by moving assets out of the state, “the location of the assets doesn’t matter,” Zucman told me by email. “Taxpayers would be liable for the tax on their worldwide assets.”

One issue raised by the burgeoning controversy over the California proposal is how to extract a fair share of public revenue from plutocrats, whose wealth has surged higher while their effective tax rates have declined to historically low levels.

There can be no doubt that in tax terms, America’s wealthiest families make out like bandits. The total effective tax rate of the 400 richest U.S. households, according to an analysis by Zucman, his UC Berkeley colleague Emmanuel Saez, and their co-authors, “averaged 24% in 2018-2020 compared with 30% for the full population and 45% for top labor income earners.” This is largely due to the preferences granted by the federal capital gains tax, which is levied only when a taxable asset is sold and even then at a lower rate than the rate on wage income.

The late tax expert at USC, Ed Kleinbard, used to describe the capital gains tax as our only voluntary tax, since wealthy families can avoid selling their stocks and bonds indefinitely but can borrow against them, tax-free, for funds to live on; if they die before selling, the imputed value of their holdings is “stepped up” to their value at their passing, extinguishing forever what could be decades of embedded tax liabilities. (The practice has been labeled “buy, borrow, die.”)

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Californians have recently voted to redress the increasing inequality of our tax system. Voters approved what was dubbed a “millionaires tax” in 2012, imposing a surcharge of 1% to 3% on incomes over $263,000 (for joint filers, $526,000). In 2016, voters extended the surcharge to 2030 from the original phase-out date of 2016. That measure passed overwhelmingly, by a 2-to-1 majority, easily surpassing that of the original initiative.

But it may be that California’s ability to tax billionaires’ income has been pretty much tapped out. Some have argued that one way to obtain more revenue from wealthy households is to eliminate any preferential rate on capital gains and other investment income, but that’s not an option for California, since the state doesn’t offer a preferential tax rate on that income, unlike the federal government and many other states. The unearned income is taxed at the same rate as wages.

One virtue of the California proposal is that, even if it fails to get enacted or even to reach the ballot, it may trigger more discussion of options for taxing plutocratic fortunes. One suggestion came from hedge fund operator Bill Ackman, who reviled the California proposal on X as “an expropriation of private property” (though he’s not a California resident himself), but acknowledged that “one shouldn’t be able to live and spend like a billionaire and pay no tax.”

Ackman’s idea is to make loans backed by stock holdings taxable, “as if you sold the same dollar amount of stock as the loan amount.” That would eliminate the free ride that investors can enjoy by borrowing against their holdings.

The debate over the California wealth tax may well hinge on delving into plutocrat psychology. Will they just pay the bill, as Huang implies would be his choice? Or relocate from California out of pique?

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California is still a magnet for the ambitious entrepreneur, and the drafters of the initiative have tried to preserve its allure. Those who come into the state after Jan. 1 to pursue their ambitious dreams of entrepreneurship would be exempt, as would residents whose billion-dollar fortunes came after that date. There may be better ways for California to capture more revenue from the state’s population of multibillionaires, but a one-time limited tax seems, at this moment, to be as good as any.

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Google and Character.AI to settle lawsuits alleging chatbots harmed teens

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Google and Character.AI to settle lawsuits alleging chatbots harmed teens

Google and Character.AI, a California startup, have agreed to settle several lawsuits that allege artificial intelligence-powered chatbots harmed the mental health of teenagers.

Court documents filed this week show that the companies are finalizing settlements in lawsuits in which families accused them of not putting in enough safeguards before publicly releasing AI chatbots. Families in multiple states including Colorado, Florida, Texas and New York sued the companies.

Character.AI declined to comment on the settlements. Google didn’t immediately respond to a request for comment.

The settlements are the latest development in what has become a big issue for major tech companies as they release AI-powered products.

Suicide prevention and crisis counseling resources

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Last year, California parents sued ChatGPT maker OpenAI after their son Adam Raine died by suicide. ChatGPT, the lawsuit alleged, provided information about suicide methods, including the one the teen used to kill himself. OpenAI has said it takes safety seriously and rolled out new parental controls on ChatGPT.

The lawsuits have spurred more scrutiny from parents, child safety advocates and lawmakers, including in California, who passed new laws last year aimed at making chatbots safer. Teens are increasingly using chatbots both at school and at home, but some have spilled some of their darkest thoughts to virtual characters.

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“We cannot allow AI companies to put the lives of other children in danger. We’re pleased to see these families, some of whom have suffered the ultimate loss, receive some small measure of justice,” said Haley Hinkle, policy counsel for Fairplay, a nonprofit dedicated to helping children, in a statement. “But we must not view this settlement as an ending. We have only just begun to see the harm that AI will cause to children if it remains unregulated.”

One of the most high-profile lawsuits involved Florida mom Megan Garcia, who sued Character.AI as well as Google and its parent company, Alphabet, in 2024 after her 14-year-old son, Sewell Setzer III, took his own life.

The teenager started talking to chatbots on Character.AI, where people can create virtual characters based on fictional or real people. He felt like he had fallen in love with a chatbot named after Daenerys Targaryen, a main character from the “Game of Thrones” television series, according to the lawsuit.

Garcia alleged in the lawsuit that various chatbots her son was talking to harmed his mental health, and Character.AI failed to notify her or offer help when he expressed suicidal thoughts.

“The Parties request that this matter be stayed so that the Parties may draft, finalize, and execute formal settlement documents,” according to a notice filed on Wednesday in a federal court in Florida.

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Parents also sued Google and its parent company because Character.AI founders Noam Shazeer and Daniel De Freitas have ties to the search giant. After leaving and co-founding Character.AI in Menlo Park, Calif., both rejoined Google’s AI unit.

Google has previously said that Character.AI is a separate company and the search giant never “had a role in designing or managing their AI model or technologies” or used them in its products.

Character.AI has more than 20 million monthly active users. Last year, the company named a new chief executive and said it would ban users under 18 from having “open-ended” conversations with its chatbots and is working on a new experience for young people.

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