Rande Bronster v. AOL, LLC

Case # 09-cv-03568
Case Name Rande Bronster v. AOL, LLC
Jurisdiction US District Court for C.D. CA
Summary

AOL appended advertisements to emails send by its members. The insertion of these advertisements was not disclosed to customers in AOL's Terms of Service. Customers did not have an option to opt out of these advertisements until April 2008 (for paid subscribers only) and still does not have an option for its free email subscribers to opt out.

Final Approval Date 12/31/2009
Result
  1. Final Approval granted.
  2. All objections were overruled.
  3. Objector McKinney (through Attorney Frank) appealed the Final Approval.
  4. The Ninth Circuit Court of Appeals AGREED IN PART with Objector McKinney, finding that the cy pres recipients were not sufficiently associated with the settlement and thus, was an improper use of cy pres awards. Since the class consisted of AOL users who had their rights infringed, the Appeals Court felt that an appropriate cy pres recipient, dealing with protecting individual rights on the Internet, could be found. The Appeals Court did not agree that the Court should defer to the negotiations of the settlement parties.
  5. The Appeals Court DISAGREED with Objector McKinney, finding that the District Court Judge did not need to recuse herself.
  6. The amended settlement directed cy pres awards to the Electronic Frontier Foundation and the Information Technology & Innovation Foundation.
  7. The named plaintiffs forwent their incentive awards, instead directing the money to charities of their choice. This money was reduced from the original settlement.
Dismissal of Last Appeal N/A
Attachments Docket Report.pdf
Second Amended Class Action Complaint.pdf
Preliminary Approval.pdf
Plaintiff's Response to Objections.pdf
Defendant's Response to Objections.pdf
Final Approval.pdf
Order Granting Attorneys' Fees.pdf
Decision of Appellate Court.pdf
Notice of Motion - Preliminary Approval (Revised).pdf
Preliminary Approval (Revised Settlement).pdf
Final Approval (Revised Settlement).pdf
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Objection of Darren McKinney

Objectors Darren McKinney
Signers Theodore H. Frank
Attorneys Theodore H. Frank
Summary
  1. Cy pres awards improperly are directed to charities with no relevance to the lawsuit.
  2. Settlement directs cy pres awards to the Legal Aid Foundation of Los Angeles, the Federal Judicial Center Foundation, and the Boys and Girls Club of America (Los Angeles and Santa Monica chapters).
  3. Class representative incentive awards are excessive.
  4. Attorneys' fees are excessive.
Attachments Objection of Darren McKinney.pdf
Supplemental Objection Brief of Objector McKinney.pdf
Response to Supplemental Objection Brief of Objector McKinney.pdf
Appeal of Objector McKinney.pdf
Statement of Objector McKinney Regarding Motion for Preliminary Approval (Revised).pdf
Withdrawal of Statement of Objector McKinney Regarding Motion for Preliminary Approval (Revised).pdf
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Objection of Janel Buycks

Objectors Janel Buycks
Signers Janel Buycks
Attorneys
Summary
  1. Settlement does not distribute cy pres awards to the Imitators of God Foundation.
  2. Objector is the owner of this charity and readily admits that the charity does not do work with Internet privacy or any other matter covered by this case.
Attachments Objection of Janel Buycks.pdf
Novak Declaration Regarding Buycks Objection.pdf
Objection of Janel Buycks (Revised Agreement).pdf
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