United States Third Circuit

In plaintiffs' suit under sections 1 and 2 of the Sherman Act, and under the antitrust, consumer protection and unjust enrichment laws of all fifty states, against the De Beers corporation for fixing prices in the wholesale market for gem-quality diamonds, district court's certification of two putative classes and order overruling objections to the settlement fund of $295 million is vacated and remanded where: 1) the district court abused its discretion in certifying the settlement classes under Rule 23(b)(3) both because the indirect purchaser class as currently defined is overbroad and because the district court's certification order did not sufficiently identify those claims and issues subject to the class treatment; and 2) district court abused its discretion in certifying the settlement class under Rule 23(b)(2).

Appellate Information

• Decided 07/13/2010
• Published 07/13/2010

Judges

• JORDAN, J.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• John J. Pentz, III, Jessica Biggio