Class Action

Recording of Third Circuit en banc argument in Sullivan available online

By Kimberly A. Kralowec

The Third Circuit, sitting en banc, heard oral argument last Tuesday, February 23, 2011, in Sullivan v. DB Investments, Inc., no. 08-2784.  The audio recording of the argument is available at this link (large .wma file). 

This is the case in which the original three-judge panel reversed the district court's order granting final approval of a nationwide class action settlement.  The case involves antitrust price-fixing claims against the diamond industry.  This is my original blog post on that decision. 

A few months after rehearing was granted, the en banc panel requested further briefing on a long and interesting list of issues.

The objector is represented on appeal by Howard Bashman, author of How Appealing.  Professor Samuel Issacharoff of New York University School of Law argued for the settlement class.

Full post as published by The UCL Practitioner on March 01, 2011 (boomark / email).