Nicholas Shoner v. Carrier Corporation

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

NICHOLAS SHONER, No. 20-56327 Plaintiff-Appellant, D.C. No. and 2:18-cv-07030-

CAS-E

PAUL CORMIER,

Plaintiff,

OPINION

v.

CARRIER CORPORATION,

Defendant-Appellee.

Appeal from the United States District Court for the Central District of California Christina A. Snyder, District Judge, Presiding

Argued and Submitted December 8, 2021 Pasadena, California

Filed April 14, 2022

Before: PAUL J. KELLY, JR., * MILAN D. SMITH, JR., and DANIELLE J. FORREST, Circuit Judges.

* The Honorable Paul J. Kelly, Jr., United States Circuit Judge for the U.S. Court of Appeals for the Tenth Circuit, sitting by designation. Opinion by Judge Milan D. Smith, Jr.; Partial Concurrence and Partial Dissent by Judge Kelly

SUMMARY **

Magnuson-Moss Warranty Act

The panel vacated the district court’s judgment regarding plaintiff’s federal Magnuson-Moss Warranty Act (MMWA) claim, and remanded to the district court with instructions to dismiss for lack of jurisdiction.

Plaintiff Nicholas Shoner filed a class action against air conditioner manufacturer Carrier…