Opinion
No. A05-1640.
November 22, 2005.
The articulation of factors relevant to the determination whether to grant discretionary review under Minn. R. Civ. App. P. 105.01 in Gordon v. Microsoft Corp., 645 N.W.2d 393 (Minn. 2002), was not intended to require the court of appeals to apply those factors in Rule 105.01 cases other than those involving class certification issues. Nor is it our intent here to preclude the court of appeals from utilizing the Gordon factors in its discretion, where appropriate, in cases that do not involve class certification issues. Because it appears the court of appeals may have considered itself bound by the Gordon factors in deciding this case, we vacate the decision and remand for the court to decide the matter in its discretion, consistent with the principles articulated here.