NISSAN NORTH AMERICA, INC.,
Plaintiff-Appellant,
v.
CONTINENTAL AUTOMOTIVE SYSTEMS, INC., successor
to Continental Teves, Inc.,
Defendant-Appellee. |
No. 22-5469 |
Appeal from the United States District Court for the Middle District of Tennessee at Nashville.
No. 3:19-cv-00396—Aleta Arthur Trauger, District Judge.
Argued: December 12, 2023
Decided and Filed: February 6, 2024
Before: MOORE, CLAY, and NALBANDIAN, Circuit Judges.
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OPINION
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CLAY, Circuit Judge. This is an indemnification action between Nissan, a car producer,
and Continental, a brake parts supplier, for the amount of a jury award from a products liability
case in California. After a car accident involving a Nissan vehicle, several plaintiffs brought an
action alleging defects in the vehicle’s braking system against Nissan and Continental. After
Continental settled and Nissan proceeded to trial, the jury determined that the design of the
vehicle’s braking system caused harm to the plaintiffs. Accordingly, the jury returned a verdict
in favor of the plaintiffs, awarding them $24 million in damages. During the litigation, Nissan
incurred another $6 million in attorney fees and costs.
Following the California jury’s verdict, Nissan brought this action against Continental,
seeking indemnification for the jury award and its attorney fees and costs based on a provision in
the contract between the parties. Both Nissan and Continental moved for summary judgment.
The district court granted Continental’s motion for summary judgment in full. Nissan appeals
that ruling. For the reasons set forth below, we AFFIRM the district court’s order granting
summary judgment to Continental. |