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November 11, 2014

By: Stephen J. Newman, Julia B. Strickland, Brian C. Frontino

On November 7, 2014, the United States Court of Appeals for the Ninth Circuit decided California v. IntelliGender, LLC, No. 13-56806, 2014 WL 5786718 (9th Cir. Nov. 7, 2014), holding that public officials cannot obtain a duplicate recovery in the form of restitution to individuals who previously participated in a class action settlement.  The Ninth Circuit’s decision is an important recognition of principles of res judicata in a post-CAFA, class action context and should prove particularly useful in defending against claims brought by state attorneys general and other authorities that are the subject of prior class action settlements.