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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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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.
Daniel M. Abuhoff
Gary W. Kubek
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