Third Circuit Approves Broad De Beers Diamond Settlement Class, But Does It Also Reopen the Door for Certification of Multistate Litigation Classes?

22 December 2011
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Key takeaways 

  • The Third Circuit, sitting en banc, reversed an earlier panel decision and approved the long-pending $272.5 million settlement of price-fixing claims in the consumer diamond market.
  • The court's decision broadly approved of nationwide class action settlements to achieve "global peace," even where some members of the settlement class have no colorable claim.
  • The decision, however, contained language that defendants in contested Third Circuit class actions may find troubling, suggesting that the bar to achieving certification of a multistate litigation class in the Third Circuit may be materially lower than it has been set by other Courts of Appeals.