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.