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IN RE POLARIS MARKETING, SALES PRACTICES

No. 20-2518.

9 F.4th 793 (2021)

IN RE: POLARIS MARKETING, SALES PRACTICES, AND PRODUCTS LIABILITY LITIGATION. Bryan Forrest; Richard Berens; Michael Jacks; Robert Lenz; James Bruner; Michael Zeeck; Ed Beattie, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. Polaris Industries, Inc.; Polaris Sales Inc., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 16, 2021.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was John E. Tangren , of Chicago, IL. The following attorney(s) appeared on the appellant brief; Adam J. Levitt , of Chicago, IL, W. Daniel Miles, III , of Montgomery, AL, Daniel R. Ferri , of Chicago, IL, H. Clay Barnett, III , of Montgomery, AL, James Mitch Williams , of Montgomery, AL, Roland Karim Tellis , of Encino, CA, David Fernandes, Jr. , of Encino, CA, Courtney L. Davenport , of Germantown, MD, Jonas Palmer Mann , of Encino, CA.

Counsel who presented argument on behalf of the appellee was Andrew B. Bloomer of Chicago, IL. The following attorney(s) appeared on the appellee brief; Richard C. Godfrey , of Chicago, IL, Raymond Chris Heck , of Chicago, IL.

Before COLLOTON, WOLLMAN, and KOBES, Circuit Judges.

Fourteen purchasers of off-road vehicles brought a putative class action against Polaris Industries, Inc. and Polaris Sales Inc. (collectively, "Polaris"). The Polaris entities designed and manufactured the vehicles. The purchasers allege that a design defect caused the vehicles, all of which contain "ProStar" engines, to...

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