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MESSNER v. NORTHSHORE UNIVERSITY HEALTHSYSTEM

No. 10-2514.

669 F.3d 802 (2012)

Steven MESSNER, et al., Plaintiffs-Appellants, v. NORTHSHORE UNIVERSITY HEALTHSYSTEM, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 13, 2012.

Rehearing Denied February 28, 2012.

Attorney(s) appearing for the Case

Mary Jane Fait (argued), Attorney, Wolf, Haldenstein, Adler, Freeman & Herz, Chicago, IL, for Plaintiffs-Appellants.

Duane M. Kelley, Attorney, Winston & Strawn LLP, Chicago, IL, Gene C. Schaerr (argued), Attorney, Winston & Strawn LLP, Washington, DC, for Defendant-Appellee.

Kenneth A. Wexler, Attorney, Wexler Wallace LLP, Chicago, IL, for Amicus Curiae Consumer Federation of America and US PIRG.

Avidan Joel Stern, Attorney, Lynch & Stern, LLP, Chicago, IL, for Amicus Curiae American Antitrust Institute.

Before SYKES, TINDER, and HAMILTON, Circuit Judges.

HAMILTON, Circuit Judge.

Under Federal Rule of Civil Procedure 23(b)(3), a class may be certified only if questions of law and fact common to members of the class predominate over questions affecting only individual members of the class. In this case, plaintiff-appellant Steven Messner and other named plaintiffs alleged that a merger between defendant-appellee Northshore University Health-System and Highland Park Hospital...

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