• September 16, 2009

This case, arising in the context of truck and truck part manufacturing, was covered on this blog in July.

The case was covered before that, back in March.

The Eighth Circuit granted a petition for rehearing, vacated the previous opinion, substituted today’s opinion, and Plaintiff-Appellee Donaldson Co. still loses.

(The Eighth Circuit’s July opinion included analysis that was inconsistent with the recent U.S. Supreme Court case, Arthur Andersen LLP v. Carlisle, explaining the grant of rehearing and opinion revision but with same outcome.)

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