Data Privacy,
Civil Litigation,
9th U.S. Circuit Court of Appeals
Dec. 28, 2021
9th Circuit judge says cy pres awards should have limits
Judge Bridget S. Bade affirmed such an award in a case involving Google but cited Chief Justice John G. Roberts’ 2013 opinion expressing misgivings about such settlements.
A 9th U.S. Circuit Court of Appeals panel approved a $13 million cy pres settlement of a class action, but the judge who wrote the opinion argued in a concurring opinion that such deals should be reconsidered.
The ruling was a victory for class action plaintiffs and Alphabet Inc., whose Google subsidiary reached a deal giving the bulk of the money to nine nonprofit agencies instead of trying to give small amounts of money to each plaintiff....
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Remedies
In re Google Inc. Street View Electronic Communications Litigation
Cy pres payments only to third-party, advocacy groups is appropriate especially where verification of class member claims would be costly and time-consuming.
