SUTTON v. ST. JUDE MEDICAL S.C., INC.

No. 04-5211.

419 F.3d 568 (2005)

Michael SUTTON, Plaintiff-Appellant, v. ST. JUDE MEDICAL S.C., INC., and St. Jude Medical, Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 23, 2005.


Attorney(s) appearing for the Case

ARGUED: Carroll C. Johnson III, Law Offices of Carroll C. Johnson, Memphis, Tennessee, for Appellant. James C. Martin, Reed Smith LLP, Pittsburgh, Pennsylvania, for Appellees. ON BRIEF: Paul Berry Cooper III, Deal, Cooper & Holton, Memphis, Tennessee, for Appellant. James C. Martin, Donna M. Doblick, Reed Smith LLP, Pittsburgh, Pennsylvania, DeWitt M. Shy, Jr., Burch, Porter & Johnson, Memphis, Tennessee, for Appellees.

Before: COLE and CLAY, Circuit Judges; HOOD, District Judge.


OPINION

HOOD, District Judge.

Plaintiff-Appellant Michael Sutton appeals the November 26, 2003 order of the district court granting Defendants St. Jude Medical S.C., Inc.'s and St. Jude Medical, Inc.'s motion to dismiss for lack of standing. For the reasons set forth below, we REVERSE the district court's order, and REMAND the case to the district court for further consideration.

I. INTRODUCTION

Plaintiff-Appellant...

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