Because Jurisprudence Is (Not) Forever

Law360, New York (January 25, 2012, 1:57 PM EST) -- Just before the Christmas holiday, the U.S. Court of Appeals for the Third Circuit, meeting en banc, issued an opinion approving a classwide settlement in an antitrust case.

The en banc opinion is unusual. (Any en banc opinion is.) But in this case, the opinion is unusual not just because it represents a break from routine, but because of how it reaches its result.

The case is Sullivan v. DB Investments Inc., the culmination of litigation against South African diamond giant De Beers. The primary allegation...
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