72 Am. U. L. Rev. F. 157 (2023).

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The Ninth Circuit’s decision in Shoner v. Carrier Corp. illuminated a circuit split in the interpretation of the Magnuson-Moss Warranty Act’s amount in controversy requirement provision. Most circuits that have addressed this issue interpret the provision to never include attorneys’ fees towards the amount in controversy requirement. The Ninth Circuit came to a different conclusion, holding that attorneys’ fees can count towards the amount in controversy requirement when the recovery of attorneys’ fees is authorized by the action’s underlying contract or statute. This Comment argues that canons of statutory interpretation, including the well-settled interpretations of similar provisions in other federal statutes, show that the Ninth Circuit’s interpretation is correct. Further, this Comment considers how the Ninth Circuit’s interpretation is superior from a policy perspective.

* Senior Staffer, American University Law Review, Volume 73. J.D. Candidate, May 2024, American University Washington College of Law; B.A. Government and Politics, cum laude, May 2018, The University of Maryland, College Park. Many thanks to the Law Review staff, whose hard work made the publication of this Comment possible. Thank you to my friends and family, whose love and support keeps me going. Finally, I would like to thank my late father, William Edward Scanlin, Jr., who inspired me to attend law school.

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