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U.S. Court of Appeals for the 9th Circuit

Nov. 11, 2014

State can pursue sex-test maker

California can sue the maker of a fetus gender test kit for false advertising even though buyers of the kit already settled a class action over similar claims, a 9th U.S. Circuit Court of Appeals panel held Friday.


By Emily Green


Daily Journal Staff Writer


California can sue the maker of a fetus gender test kit for false advertising even though buyers of the kit already settled a class action over similar claims, a 9th U.S. Circuit Court of Appeals panel held Friday.


But the state cannot seek restitution for buyers, because the class settlement already provided restitution for them and California opted not to participate in those negotiations, the panel...

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