Lexology: Ninth Circuit Affirms Approval of Injunctive Relief and Cy Pres Settlement of Google Street View Privacy Claims

January 3, 2022

Finally, the Ninth Circuit rejected the objectors’ challenge to the privacy organizations selected as cy pres recipients, including the ACLU and the Electronic Privacy Information Center (“EPIC”). The objectors urged the Ninth Circuit to adopt a new standard for approving cy pres recipients, which would require examination of whether “any party has any significant prior affiliation with the intended recipient that would raise substantial questions about whether the award was made on the merits.” The objectors argued that because the ACLU, EPIC, and other recipients had “pre-existing relationship[s]” with class counsel and defense counsel and had received cy pres awards from Google and other tech companies in other cases, they were not appropriate recipients here, but the Ninth Circuit refused to adopt such an “expansive proposed test.”

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