Should Google Oppose Or Support Class Action Treatment Here?
The conventional wisdom is that a defendant should never agree to class action treatment of a case, for it dramatically increases the potential damages, and results in enormous pressure for settlement. Nonetheless, Google probably should simply agree to class action treatment here – for this is a rare case. Class action status would, obviously, increase actual damages. But actual damages seem quite limited, since the Project is not yet complete. (Indeed, plaintiffs seek, not only damages, but a court order enjoining Google from going forward.) Granted, agreeing to class action status would be a very risky option for Google – in part because a plaintiff can opt to have a court award – in lieu of actual damages — the amount the court considers just. In other words, a court can pick a number virtually out of a hat, if it so chooses. And a Google-hating court might come down hard on the company. But there’s lots of risk on the other side, too: If Google doesn’t agree to class action treat
