Pulaski & Middleman, LLC v. Google, Inc.

Between 2004 and 2008, many online internet advertisers used Google, Inc.’s (“Google”) AdWords program, an auction-based program through which advertisers would bid for Google to place their advertisements on websites. Pulaski & Middleman, LLC and several other named plaintiffs (“Pulaski”) brought this putative class action under California’s Unfair Competition and Fair Advertising Laws, alleging that Google misled them as to the types of websites on which their advertise ments could appear. The putative class initially sought injunctive and restitution-ary relief. After Google changed certain features of the AdWords program, Pulaski, upon filing a Third Amended Consolidated Class Action Complaint, abandoned the claim for injunctive relief. The only relief the putative class now seeks is the equitable remedy of restitution.

Pulaski appeals the district court’s denial of class certification. The district court held that on the claim for restitution, common questions did hot predominate over questions affecting individual class members. In denying certification, the court reasoned that it was not bound by our decision in Yokoyama v. Midland National Life Insurance Co., 594…