Supreme Court to rule in Google referrer header privacy settlement case
David Zwier reports:
The US Supreme Court granted certiorari [order list, PDF] in three cases Monday, including a dispute over a settlement in a Google privacy case and a Missouri death penalty case.
In Frank v. Gaos [docket; cert. petition, PDF], the question before the court is, “in what circumstances a cy pres award of class action proceeds that provides no direct relief to class members supports class certification and comports with the requirement that a settlement binding class members must be ‘fair, reasonable, and adequate.'” The term cy presderives from the Norman-French phrase, cy pres comme possible, meaning “as near as possible.” Petitioners contend that the application of cy pres to the $8.5 million that Google agreed to pay in 2013 to settle allegations they violated users’ privacy rights, violates Rule 23 of Federal Rules of Civil Procedure [text] governing class actions. The circuit courts are divided on the issue, with the Third, Fifth, Seventh and Eighth Circuits disallowing the practice and the Ninth Circuit allowing it.
Read more on JURIST.