On February 18, 2004, the Minnesota Supreme Court declined an opportunity to limit the certification of nationwide class action lawsuits, in which the plaintiff seeks to sue on behalf of himself and every similarly situated person throughout the nation. The decision was a setback for WLF, which filed a brief urging the court to impose such limitations. The decision did not set an unfavorable precedent, however. Rather, the court invoked a complex procedural rationale for declining to consider the class action issue. In this case, the trial judge (in an effort to make the trial manageable) decreed that New Jersey law would be applicable to the claims of the class members, who hail from all 50 states. WLF argued that that procedure is unconstitutional because most class members have no contact whatsoever with New Jersey.

Minnesota court declined to address class action issues. On May 2, 2005, U.S. Supreme Court vacated and remanded for consideration of preemption issues.