Plaintiffs alleged the manufacturer of a gender prediction test engaged in deceptive practices, and sought relief under California law.  The district court certified a nationwide class and the case settled. Under the settlement, class members were entitled to claim a cash refund, and defendants made a cy prespayment.  California v. IntelliGender, LLC, 771 F.3d 1169 (9th Cir. 2014) (No. 13-56806).  The State of California later filed an enforcement action against the same defendant complaining of misleading advertising and sought penalties, restitution, and other remedies.  The Ninth Circuit concluded that the prior class action settlement barred the State’s claims for restitution on behalf of its citizens, who were included in the prior settling class.  The court reasoned that when the government sues for the same relief the plaintiff already has pursued, it has privity of interest with the class, and its claim is resolved by the prior judgment.  The claim for penalties, however, stood on a different footing.  In pursuing penalties, the state seeks to vindicate public as well as private interests entirely different from the restitution claim resolved in the class action.  As a result, only the restitution claim was barred by the prior settlement.