The Litigation Counsellor®

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Google Inc. has agreed to a $5.5 million class-action settlement in the United States District Court for the District of Delaware over allegations that the company violated federal privacy laws by circumventing privacy settings of Apple’s Safari browser, allowing advertisers to set up third-party cookies on the browsers of unknowing users.

On March 22, 2016, the U.S. Supreme Court ruled that both liability and damages could be established using statistical estimates in the class action litigation Tyson Foods, Inc. v. Bouaphakeo. However, the question of whether and when statistical sampling may be used to determine liability and damages in qui tam actions remains unsettled. Nevertheless, one appellate court, the Court of Appeals for the Fourth Circuit, is positioned to rule on the issue soon.