Google Referrer Header Privacy Litigation v. Holyoak

I concur in Sections I and III of the majority opinion. I agree that a cy pres-only settlement was appropriate in ‘this case and do not contend that the district court abused its discretion in calculating class counsel’s fees.

I dissent, however, from Section II of the opinion, in which the majority blesses the district court’s approval of the settlement, despite the preexisting relationships between class counsel and the cy pres recipients. To me, the fact alone that 47% of the'settlement fund is being donated to the alma maters of class counsel raises an issue which, in fairness, the…