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“9th Circ. Denies Panel Rehearing on $13M Google Deal”

Law360

February 3, 2022

The Ninth Circuit on Thursday denied an objector’s petition to rehear a decision that gives $13 million to internet privacy advocates and lawyers to end allegations that Google’s Street View car fleet illegally gathered Wi-Fi network data, but no money for 60 million class members.

On a 2-1 vote, the panel that issued the December 2021 decision ruled on Thursday to deny the request for a rehearing before the appellate court’s full bench.

“The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc,” Thursday’s decision states.

. . .

The contested deal requires Google to fork over roughly $9 million to nine nonprofit organizations with a history of addressing online consumer privacy issues and $3.25 million in attorneys’ fees. However, it does not call for monetary relief to settlement class members.

A California federal judge signed off on the pact in March 2020, despite objections from Lowery and several state attorneys general.

. . .

The plaintiffs are represented by Elizabeth J. Cabraser and Melissa Gardner of Lieff Cabraser Heimann & Bernstein LLP, Mary Ann Geppert, Jeffrey L. Kodroff and John A. Macoretta of Spector Roseman & Kodroff PC, and Daniel A. Small and The Ninth Circuit on Thursday denied an objector’s petition to rehear a decision that gives $13 million to internet privacy advocates and lawyers to end allegations that Google’s Street View car fleet illegally gathered Wi-Fi network data, but no money for 60 million class members. On a 2-1 vote, the panel that issued the December 2021 decision ruled on Thursday to deny the request for a rehearing before the appellate court’s full bench. “The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc,” Thursday’s decision states. . . . The contested deal requires Google to fork over roughly $9 million to nine nonprofit organizations with a history of addressing online consumer privacy issues and $3.25 million in attorneys’ fees. However, it does not call for monetary relief to settlement class members. A California federal judge signed off on the pact in March 2020, despite objections from Lowery and several state attorneys general. . . . The plaintiffs are represented by Elizabeth J. Cabraser and Melissa Gardner of Lieff Cabraser Heimann & Bernstein LLP, Mary Ann Geppert, Jeffrey L. Kodroff and John A. Macoretta of Spector Roseman & Kodroff PC, and Daniel A. Small and Robert W. Cobbs of Cohen Milstein Sellers & Toll PLLC.

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