A Ninth U.S. Circuit Court of Appeals panel on Wednesday again took up the question of whether a settlement with Alphabet Inc. should qualify for a $62 million cy pres settlement. The case concerns Google’s tracking of users’ location data even after they disabled the feature, the Daily Journal reported. The oral argument was the latest debate over whether cy pres settlements should be approved when all the money goes to plaintiffs’ attorneys and designated organizations.
Ninth Circuit Judges Danielle Forest, Sandra Ikuta and Senior Judge Jay Bybee heard the arguments. Theodore Frank, an attorney with Hamilton Lincoln Law Center’s Center for Class Action Fairness, represented the objectors; Samuel Issacharoff represented the plaintiff class. Keker, Van Nest & Peters partner Ben Berkowitz represented Google.
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