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IN RE ST. JUDE MEDICAL, INC.

No. 06-3860.

522 F.3d 836 (2008)

In re ST. JUDE MEDICAL, INC., Silzone Heart Valve Products Liability Litigation. Lester Grovatt; Beatrice Bailey; Levy D. Redden; Bonnie L. Sliger; Joe W. Sanchez, on behalf of themselves and all others similarly situated Plaintiffs/Appellees, v. St. Jude Medical, Inc., Defendant/Appellant. Product Liability Advisory Council; Minnesota Chamber of Commerce, not parties/Amici on Behalf of Appellant, State of Minnesota; AARP, Amici on Behalf of Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: April 9, 2008.

Attorney(s) appearing for the Case

James C. Martin, argued, Oakland, CA (Steven M. Kohn and Steven J. Boranian, Oakland, CA, and Tracy J. Van Steenburgh and Eric J. Magnuson, Minneapolis, MN, on the brief), for Appellant.

Hugh F. Young, Jr., Reston, VA, and Jordan B. Cherrick and Kirsten M. Ahmad, St. Louis, MO, on the brief, for Amicus Curiae Product Liability Advisory Council.

Clifford M. Greene, Pamela L. Vander Wiel, and John W. Ursu, Minneapolis, MN, on the brief, for Amicus Curiae the Minnesota Chamber of Commerce.

David C. Frederick, argued, Washington, DC (Steven E. Angstreich, Michael Coren, and Carolyn C. Lindheim, Philadelphia, PA, Scott H. Angstreich and Daniel W. Sigelman, Washington, DC, J. Gordon Rudd, Jr. and David M. Cialkowski, Minneapolis, MN, James T. Capretz, Newport Beach, CA, and Joe D. Jacobson, Clayton, MO, on the brief), for appellees.

John S. Garry, AAG, on the brief, St. Paul MN, for Amicus Curiae State of Minnesota.

Bruce Vignery and Michael Schuster, on the brief, Washington, DC, for Amicus Curiae AARP.

Before RILEY, MELLOY, and COLLOTON, Circuit Judges.

COLLOTON, Circuit Judge.

This products liability litigation is before us for a second time. The present appeal concerns the district court's certification of a class of plaintiffs, pursuant to Federal Rule of Civil Procedure 23(b)(3), to litigate claims against St. Jude Medical, Inc. ("St. Jude"), arising from alleged violations of two Minnesota consumer protection statutes. We conclude that the class was not properly certified under the standards of Rule 23(b)(3...

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