NPR Defeats Motion for Summary Judgment by Google

September 28, 2017

 

For more than six years, NPR and its co-counsel in the matter Woods v. Google Inc., Case No. 11-cv-1263, in the United States District Court for the Northern District of California, have been prosecuting claims against Google related to its AdWords advertising program.  Woods alleges that Google systematically overcharged advertisers for years in violation of their agreement and sent advertisements outside the areas advertisers wanted but lied about where the clicks were coming from.  Google attempted to escape liability for these claims by motion for summary judgment.  NPR defeated this motion on September 28, 2017, when the Court entered its order granting-in-part and denying-in-part the motion.  The Court rejected Google’s arguments as to Woods’ breach of contract claim related to “Smart Pricing” discounts Google was supposed to provide and Woods’ Unfair Competition Law claim for misrepresenting where Google would send advertisements.

NPR utilized the extensive documentary support and deposition testimony they have developed over the last six years to defeat the motion.  While most of this evidence currently remains under seal, the Court found that it presented clear fact issues for trial.  The case is now able to proceed to the class certification stage and trial so that Woods and the putative class may obtain the relief they have been seeking for so long.

The Plaintiff is represented by NPR partners Michael Angelovich, Jeffrey Angelovich, and Bradley Beckworth and associates Drew Pate.

A copy of the Court’s order denying summary judgment on most of plaintiff’s claims can be viewed below:

Google SJ Denial
09/28/2017