9th Circ. Upholds Class Cert. Win In Gmail Scanning Suit

Law360, New York (May 13, 2014, 2:42 PM EDT) -- The Ninth Circuit on Monday refused to review the denial of class certification to consumers accusing Google Inc. of illegally scanning Gmail messages despite plaintiffs' argument that the lower court had committed a "manifest error."

Without explanation, the three judge appeals court panel denied the plaintiffs’ petition for permission to appeal the district court’s March 18 order denying class certification, upholding the order finding that users differed substantially in their understanding of the surveillance.

U.S. District Judge Lucy Koh held in March that myriad disclosures surrounding Google’s interception of communications raised a host of factual considerations critical to evaluating each user’s...

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