PETERSON v. BASF CORP.

No. C3-02-857.

657 N.W.2d 853 (2003)

Ronald PETERSON, et al., Respondents, v. BASF CORPORATION, a foreign corporation, Appellant.

Court of Appeals of Minnesota.

March 11, 2003.


Attorney(s) appearing for the Case

Douglas J. Nill, Douglas J. Nill Law Office; and Hugh V. Plunkett III, Michael Schwartz, Robert K. Shelquist, Yvonne M. Flaherty, Lockridge Grindal Nauen P.L.L.P., Minneapolis, MN, for respondents.

James A. O'Neal, Bruce Jones, Faegre & Benson, LLP, Minneapolis, MN; and Kenneth F. Johannson, Johannson, Rust, Fagerlund, Yon & Stock, P.A., Crookston, MN; for appellant.

Lawrence S. Ebner, pro hac vice, McKenna Long & Aldridge LLP, Washington, DC, for amicus CropLife America.

Bruce M. Kleven, Minneapolis, MN, for amicus American Sugarbeet Growers Association.

Mike Hatch, Attorney General, Julie Ralston Aoki, Assistant Attorney General, St. Paul, MN, for amicus State of Minnesota.

Evan M. Tager, pro hac vice, Mayer, Brown, Rowe & Maw, Washington, DC, for amicus Chamber of Commerce of the United States.

Madge S. Thorsen, Kelly & Berens, P.A., Minneapolis, MN, for amicus Scholars of the AEI-Brookings Joint Center for Regulatory Studies.

Scott W. Johnson, Minneapolis, MN, for amicus National Association of Manufacturers and American Chemistry Council.

Wayne D. Struble, Bowman and Brooke LLP, Minneapolis, MN, for amicus Product Liability Advisory Council.

William F. Mohrman, Morhman & Kaardal, Minneapolis, MN, for amicus Washington Legal Foundation.

Considered and decided by HUDSON, Presiding Judge, SCHUMACHER, Judge, and G. BARRY ANDERSON, Judge.


OPINION

HUDSON, Judge.

In this nationwide class action under the New Jersey Consumer Fraud Act, appellant BASF Corporation argues that: (a) it is entitled to judgment notwithstanding the verdict (JNOV) on the jury's determination that it engaged in consumer fraud; (b) it is entitled to JNOV on the verdict for damages as to the years 1992 and 1995-96; (c) it is entitled to a new trial based on errors in jury instructions and the improper admission of evidence...

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