"Recent Development:  Ninth Circuit Rejects State’s Attempt to Obtain Double Recovery for Settlement Class"

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.