By Steven Malin (May 9, 2019, 2:26 PM EDT) -- The U.S. Supreme Court's recent per curiam decision in Frank v. Gaos[1] involved the question of Article III standing of class plaintiffs in a consumer action brought against Google Inc. under the Stored Communications Act. While the class settlement had been approved by both the U.S. district court and U.S. Court of Appeals for the Ninth Circuit, the Supreme Court elected not to reach the key question on the merits — whether a cy pres-only payment to non-class members that allegedly benefited the class satisfied Federal Rule of Civil Procedure 23. Rather, the case was remanded to the Ninth Circuit to determine whether, in the first instance, adequate standing had been alleged....