Google Escapes Class Cert. In Gmail Scanning Suit

Law360, New York (March 19, 2014, 2:01 PM EDT) -- A California federal judge shut down class certification efforts Tuesday in a potential multibillion-dollar litigation claiming Google Inc. illegally captured data from Gmail messages, saying users differed substantially in their understanding of the surveillance.

U.S. District Judge Lucy Koh held that myriad disclosures surrounding Google’s interception of communications raised a host of factual considerations critical to evaluating each user’s implied consent that would require individualized determinations to resolve and make class certification unwieldy.

The judge denied the plaintiffs’ request to certify four classes on Wiretap Act...
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