Re:UC students suit claims Google scanned accounts without p...
by hackuser on Sunday May 15, 2016 @04:45PM
(#11702663)
> But it's a bunch of extra work for the lawyer, who is probably proceeding on contingency.
Aren't most class actions done on contingency? Also, if they are suing Google, it's hard to believe the extra work of filing a class action would be a significant expense for the plaintiff; there is discovery (and all the skilled labor involved), experts, travel, etc. And it's billable time, which should increase the fees the court approves.
Finally, isn't it usually a race by attorneys to get their class certified first, so they are the lead attorney (and get more of the fees)?
Re:UC students suit claims Google scanned accounts without p...
by rayiner on Sunday May 15, 2016 @05:18PM
(#11702818)
Both things you say are true, but here you've got 700 plaintiffs. How much damages did they have? $500 each? Then you're talking about a fee award of $100k, which isn't a lot to battle class-certification issues with Google.
I'm not sure if this happened at any other universities. If so, a class action would make more sense.
Re:UC students suit claims Google scanned accounts without p...
by ascagnel_ on Monday May 16, 2016 @08:41AM
(#11705883)
Additionally, a EULA can force a potential class-action case into arbitration (with exceptions)[0], so this may be an attempt at going around that.
[0] https://en.wikipedia.org/wiki/AT%26T_Mobility_LLC_v._Concepc...
Litigating a class action involves not just litigating the merits, but litigating the propriety of filing as a class action. E.g. is the class composed of a definite and ascertainable group of people? Are the facts common to all class members? Settling a class action also requires court approval, whereas setting a lawsuit in which all plaintiffs are joined does not. This adds a whole bunch of motions practice.
In a case like this the plaintiffs would likely win on class certification, since the same alleged harm happened to an easy-to-define group of people. But it's a bunch of extra work for the lawyer, who is probably proceeding on contingency.