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Class Certification Premature in Google Books Case: Second Circuit
Practical Law Legal Update 0-532-9285 (Approx. 2 pages)
Class Certification Premature in Google Books Case: Second Circuit
by PLC Intellectual Property & Technology
| Published on 01 Jul 2013 • USA (National/Federal) |
In The Authors Guild, Inc. v. Google Inc., the US Court of Appeals for the Second Circuit vacated the US District Court for the Southern District of NY's order certifying plantiff's proposed class and remanded the case for a determination of Google's fair use defense.
On July 1, 2013, the US Court of Appeals for the Second Circuit issued an opinion in The Authors Guild, Inc. v. Google Inc., vacating the US District Court for the Southern District of New York's certification of the plaintiff class and remanding the case for consideration of Google's fair use defense. The Second Circuit found that class certification prior to a fair use determination was premature where:
- A resolution of the fair use issues may moot many class certification issues.
- Delaying class certification would not prejudice either party.
The Second Circuit also suggested that Google's argument that the plaintiffs are not representative of the proposed class may have merit.
For more information, see Legal Update, SDNY Certifies Class and Denies Motion to Dismiss in Google Books Lawsuit.