PENROD v. K&N ENGINEERING, INC.

No. 20-1355.

14 F.4th 671 (2021)

John PENROD; Gus Erpenbach; Juan Welsh, all individually and on behalf of themselves and all others similarly situated, Plaintiffs-Appellants v. K&N ENGINEERING, INC., Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: September 15, 2021.


Attorney(s) appearing for the Case

Daniel E. Gustafson , Daniel C. Hedlund , Catherine Sun-Yun K. Smith , Ling Shan Wang , Gustafson & Gluek, Minneapolis, MN, Joseph B. Kenney , Matthew D. Schelkopf , Sauder & Schelkopf, Berwyn, PA, David C. Wright , McCune & Wright, Ontario, CA, for Plaintiffs-Appellants.

Anne Kelts Assayag , Baker & Mckenzie, Palo Alto, CA, Amanda Margaret Cialkowski , Leah N. Kippola-Friske , Nilan & Johnson, Minneapolis, MN, Mark C. Goodman , Baker & McKenzie, San Francisco, CA, for Defendant-Appellee.

Before SHEPHERD, ERICKSON, and KOBES, Circuit Judges.


Plaintiffs are three individuals who purchased oil filters designed by defendant K&N Engineering, Inc. ("K&N"). They seek to represent a nationwide class of all purchasers of three styles of K&N oil filters that they allege share a common defect, although most proposed class members had oil filters that never...

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