Key Issue
Whether the district court abused its discretion in denying
class certification on the basis that common questions would not
predominate over individual ones as required by Rule
23(b)(3).14
Background
Between April 2015 and February 2016, Groupon used an
"Instagram Widget" software it had developed to collect
and display photographs posted to Instagram that were taken at
particular locations where Groupon offered deals. The Instagram
Widget allowed visitors to certain "Deal Pages" on
Groupon's website to see photographs taken at those businesses.
If the Groupon visitor hovered her cursor over a displayed
photograph, the username of the Instagram user who posted the
photograph and the photograph's caption, if any, would be
displayed.
