Yesterday, the Third Circuit, sitting en banc, handed down its long-awaited decision in the "diamonds" antitrust class action, Sullivan v. DB Investments, Inc., ___ F.3d ___ (Dec. 20, 2011).
I have not yet had an opportunity to review the opinion, but evidently the court affirmed in full the district court's order granting final approval of the classwide settlement and certifying settlement classes, and in so doing, discussed Dukes v. Wal-Mart in depth. There is a lengthy dissent. Howard Bashman, author of How Appealing and counsel for one of the objectors, took pains to point out that the 90-day period to file a cert. petition with the U.S. Supreme Court begins to run today.
In other another Sullivan case, the Ninth Circuit has handed down its opinion following the California Supreme Court's decision this past June in Sullivan v. Oracle Corp. (discussed here and here). See Sullivan v. Oracle Corp., ___ F.3d ___ (Dec. 13, 2011).
I am unlikely to be able to report further on these cases, or on any other new developments, until after the 1st of the year. Please keep sending me new opinions, orders, briefs, news, etc., nonetheless. Happy holidays, all.