Nationwide Legal, LLC v. Jpmorgan Chase Bank, N.A.

United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 May 23, 2025 Before ILANA DIAMOND ROVNER, Circuit Judge MICHAEL B. BRENNAN, Circuit Judge JOSHUA P. KOLAR, Circuit Judge No. 24-1524 CITIZENS INSURANCE COMPANY Appeal from the United States District Court OF AMERICA, for the Northern District of Illinois, Plaintiff-Appellee, Eastern Division. v. No. 1:22-cv-01334 MULLINS FOOD PRODUCTS, INC., Jorge L. Alonso, Defendant-Appellant. Judge. ORDER Plaintiff-Appellee, Citizens Insurance Company of America, filed a Petition for Rehearing on May 16, 2025. All members of the panel have voted to deny rehearing but to amend the opinion dated May 2, 2025, as follows: At page 2, first full paragraph, three lines from the bottom of the paragraph, immediately before the word “indemnify,” insert the words “potentially to”; At page 14, last paragraph, fourth line, again insert the words “potentially to” immediately before “indemnify”; At page 21, in the first and only paragraph of the main text, lines 5-6, replace “must also” with “may potentially be required to”; No. 24-1524 Page 2 At page 21, at the end of the same paragraph, insert the following sentence: “The duty to indemnify Mullins has not been briefed in this appeal and remains to be sorted out on remand.” At page 32, four lines from the bottom of the paragraph, insert the following sentence immediately prior to the sentence beginning “We therefore VACATE . . .”: “Also in the event the district court determines that timely notice was given to Citizens, the district court must resolve whether Citizens has a duty to indemnify Mullins.” The Petition for Rehearing is DENIED

RECOMMENDED FOR PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 25a0150p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT ┐ JASON COUNTS; DONALD KLEIN; OSCAR ZAMORA; │ JASON SILVEUS; JOHN MISKELLY; THOMAS HAYDUK; │ JOSHUA RODRIGUEZ; BASSAM HIRMIZ; CHRISTOPHER │ HEMBERGER; DEREK LONG, individually and on behalf > No. 24-1139 of themselves and all others similarly situated, │ Plaintiffs-Appellants, │ │ │ v. │ │ GENERAL MOTORS, LLC; ROBERT BOSCH LLC, │ Defendants-Appellees. │ ┘ Appeal from the United States District Court for the Eastern District of Michigan at Bay City. No. 1:16-cv-12541—Thomas L. Ludington, District Judge. Argued: March 18, 2025 Decided and Filed: June 6, 2025 Before: GRIFFIN, KETHLEDGE, and BUSH, Circuit Judges. _________________ COUNSEL ARGUED: Garth Wojtanowicz, HAGENS BERMAN SOBOL SHAPIRO, LLP, Seattle, Washington, for Appellants. Jay P. Lefkowitz, KIRKLAND & ELLIS LLP, New York, New York, for Appellee General Motors. Patrick Swiber, CLEARY, GOTTLIEB, STEEN & HAMILTON, LLP, New York, New York, for Appellee Robert Bosch LLC. ON BRIEF: Garth Wojtanowicz, Steve W. Berman, HAGENS BERMAN SOBOL SHAPIRO, LLP, Seattle, Washington, Christopher A. Seeger, SEEGER WEISS LLP, Ridgefield Park, New Jersey, Shauna B. Itri, SEEGER WEISS LLP, Philadelphia, Pennsylvania, James E. Cecchi, James A. O’Brien III, CARELLA, BRYNE, CECCHI, OLSTEIN, BRODY & AGNELLO, P.C., Roseland, New Jersey, for Appellants. Jay P. Lefkowitz, KIRKLAND & ELLIS LLP, New York, New York, Renee D. Smith, Jeffrey S. Bramson, Cole T. Carter, KIRKLAND & ELLIS LLP, Chicago, Illinois, for Appellee General Motors. Abena A. Mainoo, Carmine D. Boccuzzi Jr., CLEARY, GOTTLIEB, STEEN & HAMILTON, LLP, New York, New York, Matthew D.  No. 24-1139 Counts, et al. v. General Motors, LLC, et al. Page 2 Slater, CLEARY GOTTLIEB STEEN & HAMILTON LLP, Washington, D.C., William R. Jansen, Jonathan E. Lauderbach, WARNER NORCROSS & JUDD LLP, Detroit, Michigan, for Appellee Robert Bosch LLC. Jonathan S. Martel, ARNOLD & PORTER KAYE SCHOLER LLP, San Francisco, California, for Amici Curiae. _________________ OPINION _________________ KETHLEDGE, Circuit Judge. The plaintiffs appeal the district court’s judgment in favor of the defendants as to their claims that GM and Bosch misled consumers regarding the emissions generated by certain Chevrolet Cruze vehicles. We affirm in part, vacate in part, and remand for further proceedings consistent with this opinion. I. A. New motor vehicles generally cannot be sold in the United States without a “certificate of conformity,” which is the EPA’s certification that a vehicle complies with all federal emissions standards. See 42 U.S.C. §§ 7522(a)(1), 7525(a); 40 C.F.R. § 86.1854-12(a)(1). As part of the certification process, manufacturers must disclose whether a vehicle has any “auxiliary emission control devices” (AECDs), which for various reasons can increase vehicle emissions under certain operating circumstances. See 42 U.S.C. § 7525; 40 C.F.R. §§ 86.127-12, 86.1844- 01(d)(11). AECDs use software to sense conditions like temperature, speed, or engine RPMs “for the purpose of activating, modulating, delaying, or deactivating the operation of any part of the emission control system.” 40 C.F.R. § 86.082-2. A manufacturer’s disclosures must provide “a detailed justification of each AECD that results in a reduction in the effectiveness of the emission control system, and rationale for why it is not a defeat device.” 40 C.F.R. § 86.1844- 01(d)(11). A “defeat device,” in turn, is an AECD that unjustifiably “reduces the effectiveness of the emission control system under conditions which may reasonably be expect