Legal Opinion

Helen Targan v. Nissan North America, Inc.

Court of Appeals for the Ninth Circuit

Decided August 2, 2012No. 11-15664UnpublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM **

Helen Taragan, Frances Jeanette Taylor, and Charles Taylor (“Appellants”) appeal the district court’s dismissal of their complaint without leave to amend. We have jurisdiction under 28 U.S.C. § 1291, and we affirm in part, reverse in part and remand with leave to amend.

The district court properly construed the National Highway Traffic Safety Administration’s Federal Motor Vehicle Safety Standard 114 (“FMVSS 114”) because the regulation’s language is plain and unambiguous. Wards Cove Packing Corp. v. Nat’l Marine Fisheries Serv., 307 F.3d 1214, 1219 (9th Cir.2002) (“[T]he plain…

2Cases cited4 opinions

  1. Jena Balistreri v. Pacifica Police Department Al Olsen, Police Chief, Individually and as a Police AgentCourt of Appeals for the Ninth Circuit · 1990
  2. United States v. Corinthian CollegesCourt of Appeals for the Ninth Circuit · 2011
  3. Johnson v. BuckleyCourt of Appeals for the Ninth Circuit · 2004
  4. Wards Cove Packing Corporation v. National Marine Fisheries ServiceCourt of Appeals for the Ninth Circuit · 2002

3Cited by4 opinions

  1. In Touch Concepts, Inc. v. Cellco PartnershipDistrict Court, S.D. New York · 2013
  2. Cesar Ramirez v. C and J Well Service, Inc.District Court, C.D. California · 2020
  3. Clement Gray v. Marathon Petroleum Logistics Services, LLCDistrict Court, C.D. California · 2021
  4. Silverio Nevarez v. Costco Wholesale CorporationDistrict Court, C.D. California · 2020

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