The Supreme Court today granted cert in Frank v. Gaos, No. 17-961, concerning the validity of a cy pres award in a consumer class action against Google. The cert petition, response, reply, and amicus briefs are here. The question presented is
Whether, or in what circumstances, a cy pres award of class action proceeds that provides no direct relief to class members supports class certification and comports with the requirement that a settlement binding class members must be “fair, reasonable, and adequate” [under FRCP 23(e)]"
