The Laboratorium : Google Books: The Appeal Is On

In a brief order filed today, the Second Circuit agreed to hear Google’s appeal of class certification immediately. In an ironic twist, Judge Chin was randomly assigned to the three-judge panel; unsurprisingly, he recused himself. The order means that Google’s appeal of class certification will proceed in parallel with Judge Chin’s consideration of fair use. The decision strikes me as unsurprising, given the case’s high profile.