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NGUYEN v. NISSAN NORTH AMERICA, INC.

No. 18-16344.

932 F.3d 811 (2019)

Huu NGUYEN, individually, and on behalf of a class of similarly situated individuals, Plaintiff-Appellant, v. NISSAN NORTH AMERICA, INC., a California Corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 26, 2019.

Attorney(s) appearing for the Case

Ryan Wu (argued) and John E. Stobart , Capstone Law APC, Los Angeles, California, for Plaintiff-Appellant.

Alan J. Lazarus (argued) and Matthew J. Adler , Drinker Biddle & Reath LLP, San Francisco, California; Zoë K. Wilhelm and Adam J. Thurston , Drinker Biddle & Reath LLP, Los Angeles, California; Sherman Vance Wittie and E. Paul Cauley Jr. , Drinker Biddle & Reath LLP, Dallas, Texas; for Defendant-Appellee.

Kathy A. Wisniewski and Stephen A. D'Aunoy , Thompson Coburn LLP, St. Louis, Missouri, for Amicus Curiae FCA US LLC.

Philip S. Goldberg , Shook Hardy & Bacon LLP, Washington, D.C.; Andrew J. Trask , Shook Hardy & Bacon LLP, San Francisco, California; for Amici Curiae Alliance of Automobile Manufacturers and Association of Global Automakers.

Ashley C. Parrish , Jesse Snyder , and Jacqueline Glassman , King & Spalding LLP, Washington, D.C.; Jonathan D. Urick and Steven P. Lehotsky , U.S. Chamber of Litigation Center, Washington, D.C.; Leland P. Frost and Peter C. Tolsdorf , Manufacturers' Center for Legal Action, Washington, D.C.; for Amici Curiae Chamber of Commerce of the United States and National Association of Manufacturers.

Before: MARY M. SCHROEDER and MILAN D. SMITH, JR., Circuit Judges, and DOUGLAS L. RAYES, District Judge.

OPINION

When Plaintiff Huu Nguyen purchased a new 2012 Nissan 370Z as a college graduation present for his son, he was unaware of what he alleges was a potentially catastrophic design defect hidden in the vehicle's hydraulic clutch system. After the clutch purportedly malfunctioned—and Plaintiff spent more...

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