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BROWN v. MEDTRONIC, INC.

No. 09-2524.

628 F.3d 451 (2010)

Mark BROWN, on behalf of himself and a class of persons similarly situated, Plaintiff-Appellant, Christine Wright; Kathy Breiwick, Movants, v. MEDTRONIC, INC.; Carol A. McCormick; The Qualified Plan Committee of Medtronic, Inc.; The Medtronic, Inc. Board of Directors Compensation Committee; Richard H. Anderson; Victor J. Dzau; James T. Lenehan; Kendall J. Powell; Jack W. Schuler; The Medtronic, Inc. Board of Directors; David L. Calhoun; Arthur D. Collins, Jr.; William A. Hawkins; Shirley Ann Jackson; Denise M. O'Leary; Robert C. Pozen; Jean-Pierre Rosso; Gary Ellis; Terry Carlson; Warren Watson; Dave Ness; Katie Szyman; Gary Lubben, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: December 13, 2010.

Attorney(s) appearing for the Case

Edwin J. Mills , argued and on the brief, Michael J. Klein , on the brief, New York, NY, for appellant.

Mark C. Fleming , argued, Boston, MA, Patrick S. Williams , Minneapolis, MN, Jeffrey B. Rudman , Michael G. Bongiorno , John J. Butts , Boston, MA, and Steven F. Cherry , Washington, DC, on the brief, for appellee.

Before BYE, MELLOY, and SHEPHERD, Circuit Judges.

MELLOY, Circuit Judge.

Plaintiff Mark Brown appeals the district court's dismissal of his complaint against Medtronic, Inc., several of its directors, a retirement plan committee, and various fiduciaries. Brown alleges class-action claims pursuant to the Employee Retirement Income Security Act of 1974 ("ERISA") and seeks to serve as the representative plaintiff. His claims relate to purported breaches of fiduciary duties associated with information disclosures or...

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