No. 21-1535

David Lowery v. Benjamin Joffe, et al.

Lower Court: Ninth Circuit
Docketed: 2022-06-07
Status: Denied
Type: Paid
Amici (1) Experienced Counsel
Tags: class-action copyright cy-pres first-amendment google-litigation privacy-rights rule-23 settlement-fairness standing
Key Terms:
FirstAmendment DueProcess Securities Privacy ClassAction JusticiabilityDoctri
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Whether a cy pres award that provides no direct relief or benefit to class members comports with Rule 23(e)

Question Presented (OCR Extract)

question presented here is identical to the one that the Court granted in Gaos but left unresolved; the second is an important issue that arises in class actions generally. 1. Whether, or in what circumstances, a cy pres award that provides no direct relief or benefit to class members comports with the Rule 23(e) requirement that a settlement binding class members must be “fair, reasonable, and adequate.” 2. Whether Rule 23(b)(3) permits certification of a class where the district court has found that class members cannot be ascertained or even self-identify without an individualized “difficult and expensive” inquiry.

Docket Entries

2022-10-03
Petition DENIED.
2022-09-07
DISTRIBUTED for Conference of 9/28/2022.
2022-09-06
Reply of petitioner David Lowery filed. (Distributed)
2022-08-22
Brief of respondents Benjamin Joffe, et al. in opposition filed.
2022-08-22
Brief of respondent Google LLC in opposition filed.
2022-07-07
Brief amici curiae of Attorneys General of Arizona, et al. filed.
2022-06-13
Motion to extend the time to file a response is granted and the time is extended to and including August 22, 2022, for all respondents.
2022-06-10
Motion to extend the time to file a response from July 7, 2022 to August 22, 2022, submitted to The Clerk.
2022-06-03
Petition for a writ of certiorari filed. (Response due July 7, 2022)
2022-03-18
Application (21A519) granted by Justice Kagan extending the time to file until June 3, 2022.
2022-03-16
Application (21A519) to extend the time to file a petition for a writ of certiorari from May 4, 2022 to June 3, 2022, submitted to Justice Kagan.

Attorneys

Attorney General of Arizona, et al.
Kate Blakeley SawyerArizona Attorney General's Office, Amicus
Benjamin Joffe, Lilla Marigza, Rick Benitti, Bertha Davis, Jason Taylor, Eric Myhre, John E. Redstone, Matthew Berlage, Patrick Keyes, Karl H. Schulz, James Fairbanks, Aaron Linsky, Dean M. Bastilla, Vick Van Valin, Jeffrey Colman, Russell Carter, Stephan
Robert White CobbsCohen Milstein Sellers & Toll PLLC, Respondent
David Lowery
Theodore Harold FrankHamilton Lincoln Law Institute, Petitioner
Google LLC
Brian Michael WillenWilson Sonsini Goodrich & Rosati, P.C., Respondent