Analysis

Google Deal's Setbacks Renew Doubts On Cy Pres Awards

Law360 (August 30, 2019, 7:57 PM EDT) -- The Third Circuit, in rejecting a $5.5 million deal with Google, has dealt the latest blow to privacy class action settlements that deliver no monetary relief to consumers, raising questions about whether plaintiffs will drop these disputes in favor of cases in which they can recover statutory penalties. 

In a precedential decision issued last month, the appellate panel criticized a lower court for failing to conduct a thorough analysis of a deal that allowed Google to escape all potential class members' claims, including for monetary damages, related to its tracking practices in exchange for a payment to class counsel and six unrelated...

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