Cases Under Review/Class Actions: SCOTUS Grants Certiorari To Decide Whether Class Settlement Where $8.5 Million Was To Be Divided By Class Counsel And Cy Pres Recipients Was Fair In Nature

Certiorari Granted On April 30, 2018.

            In Frank v. Gaos, No. 17-961 (U.S. Supreme Court), certiorari was sought by objectors to a class action settlement in a plaintiff class action against Google for alleged federal privacy violations over its search engine.  The settlement provided that nothing would go to class members, but $8.5 million would be divided between class counsel and cy pres recipients (with the latter being third-party charities).  This settlement was approved by the N.D. California federal court, and that approval later was affirmed by the Ninth Circuit.  On April 30, 2018, SCOTUS granted certiorari, with the issue for resolution framed this way: “Whether, or 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.’”