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WHITAKER v. 3M CO.

No. A08-0816.

764 N.W.2d 631 (2009)

Clifford L. WHITAKER, et al., on behalf of themselves and all others similarly situated, Respondents, v. 3M COMPANY, Appellant.

Court of Appeals of Minnesota.

April 28, 2009.

Attorney(s) appearing for the Case

Susan M. Coler, Sprenger & Lang, PLLC, Minneapolis and Michael D. Lieder, Washington, DC, for respondents.

Thomas Tinkham, Paul B. Klaas, Holly S.A. Eng, Ryan E. Mick, Dorsey & Whitney, LLP, Minneapolis, for appellant.

Samuel L. Hanson, Diane B. Bratvold, Gregory J. Stenmoe, Elizabeth M. Brama, Briggs and Morgan, P.A., Minneapolis, for amici curiae Alliant Techsystems, Inc.; Cargill, Inc.; C.H. Robinson Worldwide, Inc.; Medtronic, Inc.; Nash Finch Company; Supervalu, Inc.; Target Corporation; and The Mosaic Company.

David F. Herr, Haley N. Schaffer, Maslon Edelman Borman & Brandt, LLP, Minneapolis, for amicus curiae Minnesota Chamber of Commerce.

Steven Andrew Smith, Rachhana T. Srey, Nichols Kaster, PLLP, Minneapolis, for amicus curiae National Employment Lawyers Association, Minnesota Chapter, and The Impact Fund.

Considered and decided by WORKE, Presiding Judge; HUDSON, Judge; and CONNOLLY, Judge.

OPINION

HUDSON, Judge.

Appellant 3M Company challenges the district court's certification of a class of more than 4,900 current and former 3M employees in this age-discrimination action brought under the Minnesota Human Rights Act (MHRA), Minn.Stat. §§ 363A.01-.41 (2008). Because we conclude that the district court did not properly apply the standards for certification under Minnesota Rule of Civil Procedure 23, we reverse and remand for further...

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