NICHOLAS SHONER V. CARRIER CORPORATION, No. 20-56327 (9th Cir. 2022)
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Plaintiff filed a class action against air conditioner manufacturer Carrier Corporation alleging that his air conditioner was defective, asserting state law claims and a federal Magnuson-Moss Warranty Act ("MMWA") claim. The court reasoned that although the MMWA is a federal statute, federal courts do not have jurisdiction over an MMWA claim if the amount in controversy is less than $50,000. At issue is whether attorneys’ fees count toward the MMWA’s amount in controversy requirement.
The panel held that attorneys’ fees are not “costs” within the meaning of MMWA, and therefore they may be included in the amount in controversy if they are available to prevail plaintiffs pursuant to state fee-shifting statutes.
The panel next considered whether Plaintiff could include attorneys’ fees toward the MMWA’s $50,000 jurisdictional threshold. Plaintiff’s MMWA claim was premised on Carrier’s alleged breach of express and implied warranties pursuant to Michigan law. Neither of these statutes grants a prevailing plaintiff attorneys’ fees. The court found that even if this claim was included in his lawsuit, the Act makes clear that attorneys’ fees are not available in a class action. Thus, because Plaintiff brought this claim as part of a putative class action, he is not entitled to attorneys’ fees under state law.
Court Description: 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 Corporation alleging that his air conditioner was defective, and asserted state law claims and a federal MMWA claim. The panel affirmed the district court’s dismissal of Shoner’s state law claims in a separate memorandum disposition. Although the MMWA is a federal statute, federal courts do not have jurisdiction over an MMWA claim if the amount in controversy is less than $50,000. 15 U.S.C. § 2310(d)(3)(B). At issue in this case is whether attorneys’ fees count toward the MMWA’s amount in controversy requirement. Four Circuits have held that attorneys’ fees are “costs” within the meaning of the MMWA and are excluded from the $50,000 amount in controversy, and one circuit (the SHONER V. CARRIER CORP. 3 Seventh Circuit) includes attorneys’ fees toward the MMWA’s amount in controversy. The panel held that attorneys’ fees are not “costs” within the meaning of MMWA, and therefore they may be included in the amount in controversy if they are available to prevailing plaintiffs pursuant to state fee-shifting statutes. The panel next considered whether Shoner could include attorneys’ fees toward the MMWA’s $50,000 jurisdictional threshold. Shoner’s MMWA claim was premised on Carrier’s alleged breach of express and implied warranties pursuant to Michigan law. Neither of these statutes grant a prevailing plaintiff attorneys’ fees. Shoner contended that he could recover attorneys’ fees because he also asserted a Michigan Consumer Protection Act claim. The panel held that even if this claim was included in his lawsuit, the Act makes clear that attorneys’ fees are not available in a class action. Because Shoner brought this claim as part of a putative class action, he is not entitled to attorneys’ fees under state law. The panel concluded that Shoner cannot include attorneys’ fees in the MMWA’s amount in controversy, and his MMWA claim cannot meet the statutory threshold. Tenth Circuit Judge Kelly concurred that the district court lacked jurisdiction to consider Shoner’s MMWA claim on the merits. He dissented from the majority’s conclusion that attorneys’ fees available under fee-shifting statutes may be included in the MMWA’s $50,000 amount in controversy requirement because the court need not resolve this issue. Judge Kelly doubted that attorneys’ fees were meant to be included in the amount in controversy calculation under the MMWA. 4 SHONER V. CARRIER CORP.
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