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MAZZA v. AMERICAN HONDA MOTOR CO., INC.

No. 09-55376.

666 F.3d 581 (2012)

Michael MAZZA; Janet Mazza; Deep Kalsi, Plaintiffs-Appellees, v. AMERICAN HONDA MOTOR COMPANY, INC., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission deferred December 7, 2010.

Filed January 12, 2012.

Resubmitted June 22, 2011.

Attorney(s) appearing for the Case

Roy Morse Brisbois , Eric Y. Kizirian , Lewis Brisbois Bisgaard & Smith LLP, Los Angeles, CA, Donald Manwell Falk , Mayer Brown, LLP, Palo Alto, CA, for the defendant-appellant.

Robert Ebert Byrnes , Payam Shahian , Glenn A. Danas , Marc Primo , Initiative Legal Group APC, Los Angeles, CA, Michael Francis Ram , Ram, Olson, Cereghino & Kopczynski, LLP, San Francisco, CA, for the plaintiff-appellees.

Opinion by Judge GOULD, Dissent by Judge D.W. NELSON.

OPINION

GOULD, Circuit Judge:

Honda appeals the district court's decision to certify a nationwide class of all consumers who purchased or leased Acura RLs equipped with a Collision Mitigation Braking System ("CMBS") during a 3 year period under Federal Rule of Civil Procedure 23(b)(3). Plaintiffs allege that certain advertisements misrepresented the characteristics of the CMBS and omitted material information on its limitations. The complaint states four...

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