No. 99-17073

273 F.3d 1266 (2001)

Robin ZINSER, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. ACCUFIX RESEARCH INSTITUTE, INC., formerly d.b.a. as TPLC, Inc., and Telectronics Pacing Systems, now known as TPLC Holdings, Inc., a Colorado corporation; Pacific Dunlop Limited, and Nucleus Limited; Nucleus Limited, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 15, 2001.

Amended December 14, 2001.

Attorney(s) appearing for the Case

Elizabeth J. Cabraser, James M. Finberg (argued), Melanie M. Piech, and Scott P. Nealey, Leiff, Cabraser, Hiemann & Bernstein, LLP, San Francisco, California; C. Brooks Cutter, Friedman, Callard, Cutter & Panneton, Sacramento, California; Robert Hollingsworth, Cors & Bassett, Cincinnati, Ohio, for the plaintiff-appellant.

Charles F. Preuss, Thomas J. Pulliam, Jr., and Catherine W. Levin, Preuss, Walker & Shanagher, LLP, San Francisco, California; Charles P. Goodell, Jr. (argued), Richard M. Barnes, and Ian Gallacher, Goodell, Devries, Leech & Gray, LLP, Baltimore, Maryland; John M. LaPlante, Gregory J. Fisher, Edson & LaPlante, Sacramento, California; Patrick S. Coffey, Scott J. Fisher (argued), Gardner, Carton & Douglass, Chicago, Illinois; Robert S. Epstein, Epstein, Englert, Staley & Coffey, San Francisco, California, for defendants-appellees.

Before: B. FLETCHER, O'SCANNLAIN, and GOULD, Circuit Judges.

Opinion by Judge GOULD; Dissent by Judge B. FLETCHER.


The majority opinion filed June 15, 2001, is amended as follows:

1) Add the following sentence to the end of the third paragraph of section III. B. 4 (Superiority, Rule 23(b)(3)(D)): Of course, we do not suggest that the causation difficulties necessarily render class certification impossible.

Judges O'Scannlain and Gould have voted to deny the petition for rehearing...


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