Amchem Products v. Windsor (SCOTUS 1997)
Found the case I was looking for. In this case, the court struck down a settlement which abridged absent member's substantive rights, in parts on the grounds that it was a violation of their due process to be bound (and to have their substantive rights abridged) without adequate due process, notice and the right to opt out of the class action. In our Google case, the orphan authors are in the same position as the absent class members in Anchem; their literary rights have been transferred to Google without proper notice and opportunity to opt out of the settlement.