Even In Brave New World Class Action, A Defendant Only Has To Pay One Time.

The company is called IntelliGender, and it manufactures a Prediction Test that indicates the gender of a fetus: green for a boy and orange for a girl. A class action alleged violations of California’s unfair competition and false advertising laws. As it appeared there would be a settlement, notice of the settlement was sent to the appropriate state officials, who did not thereafter participate in the settlement process. After completion of the class action settlement, the State of California filed an enforcement action under the same laws. The Ninth Circuit affirmed the trial court’s denial of IntelliGender’s motion to enjoin the entire action, but reversed the trial court’s denial of the motion to enjoin only the restitution claims.  (California v. IntelliGender, LLC (Ninth Cir.; November 7, 2014) 771 F.3d 1169.)