CALIFORNIA CLASS ACTION LAW

September 6, 2010

Google Settles Google Buzz Class Action Litigation for $8.5 Million Cy Pres Fund, With No Money to Class Members, But a 25% Attorneys’ Fee Award

Building 43 at Google - Buzz Alert!
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On Friday, plaintiffs submitted their unopposed motion for preliminary approval of a class action settlement in the In re Google Buzz User Privacy Litigation, Case No. 5:10-CV-00672-JW, Docket No. 41 (N.D. Cal. Motion Date Sept. 3, 2010).  The settlement calls for an $8.5 million cy pres fund, but no award to individual class members, other than $2,500 incentive awards to lead plaintiffs.

Plaintiff alleged the following: Read the rest of this entry »

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September 6, 2010

Eastern District Holds That Plaintiffs May Rely on a “Few Representative Inquiries” and Extrapolate to the Class

University of Phoenix Commencement Booklet
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The court in Adoma v. University of Phoenix, Inc., No. CIV. S-10-0059 LKK/GGH, 2010 WL 3431804 (E.D. Cal. Aug. 31, 2010 (slip op.) held that even where plaintiff’s proposed method of “reconstructing records of hours worked . . . will be imperfect”, plaintiffs may rely on “a few representative inquiries whose results will be extrapolated to the class.” Read the rest of this entry »

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September 6, 2010

Southern District Denies Class Certification on Adequacy of Counsel Grounds

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The Southern District of California in Soto v. Diakon Logistics (Delaware), Inc., Civil No. 08cv33-L(AJB), 2010 WL 3420779 (S.D. Cal. Aug. 30, 2010) denied class certification for, inter alia, failure to include in plaintiffs’ counsel’s declaration a statement that counsel are free from conflicts of interest and failure to address all the issues the court must consider for appointment of class counsel. Read the rest of this entry »

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