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STATE OF MINNESOTA IN SUPREME COURT A08-2124 Certified Question U.S. District Court, Western District of Arkansas, Magnuson, C.J. Took No Part, Anderson, G. Barry, and Gildea, JJ.

Rachel Fleeger, Plaintiff, vs. Wyeth and its division Wyeth Pharmaceuticals, Inc., and Greenstone, Ltd., Defendants. ________________________ Filed: September 3, 2009 Office of Appellate Courts

David M. Langevin, Rhett McSweeney, McSweeney & Fay PLLP, Minneapolis, Minnesota; and Erik B. Walker, Hissey, Kientz & Herron PLLC, Houston, Texas; and Martin D. Crump, Davis and Feder P.A., Gulfport, Mississippi, for plaintiff. Edward F. Fox, Charles E. Lundberg, Carrie L. Hund, Bassford Remele, Minneapolis, Minnesota; and Jack W. Vardaman, Jr., Steven L. Urbanczyk, F. Lane Heard III, Williams & Connolly LLP, Washington, DC, for Wyeth defendants. Gary Hansen, David P. Graham, Oppenheimer, Wolff and Donnelly LLP, Minneapolis, Minnesota; and 1

Steven Glickstein, William Hoffman, Robert Grass, Alan E. Rothman, Kaye Scholer LLP, New York, New York, for defendant Greenstone, Ltd. ________________________ SYLLABUS In a case commenced in Minnesota between non-resident parties where the events giving rise to the claims occurred outside Minnesota before August 1, 2004, stare decisis considerations dictate that the Minnesota statute of limitations will apply. Certified question answered in the affirmative. OPINION MAGNUSON, Chief Justice. Plaintiff Rachel Fleeger, a resident of Pennsylvania, took hormone medication manufactured by defendants Wyeth, Wyeth Pharmaceuticals, Inc. (Wyeth) and Greenstone, Ltd. Neither defendant is a Minnesota resident; however, both defendants admit that Minnesota courts have general personal jurisdiction over them. Fleeger filed her lawsuit in the United States District Court, District of Minnesota, and the Judicial Panel on Multidistrict Litigation (MDL) transferred the case to the United States District Court, Eastern District of Arkansas (the MDL court). Pursuant to Minn. Stat.

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