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Gardere has a national and international energy practice formed around our Energy Industry Team, which is a multidisciplinary group of approximately 80 attorneys with diverse backgrounds, experience and skills specific to the energy industry. Our team includes attorneys who have served as in-house counsel for major energy companies, providing a depth of insight into our clients' needs, issues and concerns. We understand and regularly practice in virtually every sector of the energy, and we represent a wide variety of industry participants from multinational corporations to individuals.
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*Not admitted to practice law.
You might think that after three years of complaints, motions to dismiss, orders on motions to dismiss, leave to amend, amended complaints and more, at least the fundamental question of Plaintiffs' Article III standing to pursue this suit would be settled. You might think that, but you would be wrong.
According to the Order this nationwide class action was "brought by Plaintiffs… against Google on behalf of all persons and entities in the United States that purchased at least one paid Android application through the Android Market and/or Google Play Store between February 1, 2009 and May 31, 2014."
Magistrate Judge Grewal ruled that the "Plaintiffs fail to satisfy all three prongs, they lack standing to pursue their claims":
First, Plaintiffs have no evidence of concrete, particularized and actual or imminent "injury-in-fact" because they no longer allege that the battery-and-bandwidth -using transmission containing personal information ever occurs from Plaintiffs' phones.
Second, Plaintiffs' claim of battery and bandwidth depletion has no nexus to Google's alleged breach or unfair competition.
Third, any injury is not redressable by a favorable decision. No past or future change to merchant queries or receipt of information would alter the battery or bandwidth consumed in purchasing an app.
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