In re Pet Food Products Liab. Litig., PICS Case No. 10-3701 (3d Cir. Dec. 16, 2010) Scirica, J.; Weis, J., concurring and dissenting (74 pages).
This is an appeal from the approval of the settlement of a class action lawsuit stemming from the largest pet food recall to date. The class action was brought 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. The district court certified a settlement-only class and granted approval of a $24 million settlement. The Third Circuit found that the district court’s analysis of whether the settlement was fair, reasonable and adequate was proper in all respects except one and vacated the court’s order granting final approval and remanded.
