United States Third Circuit

In a class action lawsuit on behalf of consumers in the United States and Canada who purchased, used or obtained, or whose pets consumed, wet pet food that was allegedly contaminated with melamine and cyanuric acid, district court's judgment is affirmed in part and vacated in part and remanded where: 1) the district court exercised sound discretion by finding the adequacy of representation requirement was met, by declining to create subclasses, and by certifying the settlement class; 2) district court's order granting final approval of the $24 million settlement is vacated and remanded as, the district court lacked the information necessary to determine whether the $250,000 allocated to Purchase Claims was fair, reasonable, and adequate under Federal Rule of Civil Procedure 23(e); and 3) objectors' challenge to the district court's order approving the settlement's release is without merit.

Appellate Information

• Argued 02/22/2010
• Decided 12/16/2010
• Published 12/16/2010

Judges

• SCIRICA

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• D. J. Powers, Mark J. Tamblyn