Scott Graham writes:
Plaintiffs appear to be in the driver’s seat in two big privacy class actions against Google. The suits over Gmail and Street View have survived motions to dismiss, and the Ninth Circuit has emphatically rejected Google’s appeal in the Street View case.
This is a point where settlement discussions would typically intensify. But is it possible plaintiffs now have too much leverage?
With potential classes of many millions of people and statutory damages ranging as high as $10,000 per violation under the Wiretap Act, the parties could confront a scenario where the case is simply too expensive to strike a deal.
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