Summary
The United States Judicial Panel on Multidistrict Litigation issued a per curiam order transferring Kande v. Google, LLC to the Southern District of New York for inclusion in MDL No. 3010. The Panel determined that the case shares significant factual overlap with existing multidistrict litigation regarding Google's alleged monopolization of the digital display advertising market. Rejecting the plaintiff's objections regarding public injunctive relief, the MDL's advanced stage, and a pending remand motion, the Panel concluded that consolidation would enhance judicial efficiency and prevent inconsistent rulings. The transferred action was assigned to Judge P. Kevin Castel for coordinated pretrial proceedings.
Topics
Practice areas
Questions Presented
- Whether Kande shares common questions of fact with the actions already transferred to MDL No. 3010.
- Whether the request for public injunctive relief under California law precludes transfer to the MDL.
- Whether the advanced status of the MDL or the pending remand motion bars transfer.
Holdings
- The panel held that Kande involves common questions of fact with the MDL actions and therefore should be transferred.
- The panel held that the request for public injunctive relief does not outweigh the benefits of transfer.
- The panel held that neither the MDL’s advanced status nor the pending remand motion prevents transfer.
Key quotations
“Transfer does not require a complete identity of common factual issues, and the presence of additional facts or differing legal theories is not significant when ... the actions still arise from a common factual core.” (at 2)
Factual background
Kande alleges that Google monopolized and suppressed competition in digital display advertising, including the ad exchange and ad‑buying tools markets, claims that are substantially similar to those asserted in the other actions consolidated in MDL No. 3010.
Procedural history
Plaintiff Kande moved to vacate a prior order transferring his case to the Google Digital Advertising Antitrust MDL. The Judicial Panel considered the motion and ordered the case transferred to the MDL.