A lawsuit claiming Nissan is liable for an alleged defect in the transmission of some Nissan vehicles has been preliminary approved for settlement.
As discussed in the August 17, 2022, Preliminary Approval Order of Class Action Settlement, the court preliminary certified a settlement class generally consisting of two subclasses:
- Subclass A, comprised of current and former owners and lessees of 2017-2018 Nissan Altima vehicles equipped with a continuously variable transmission, who purchased or leased the vehicle in the United States or its territories, including Puerto Rico; and
- Subclass B, comprised of current and former owners and lessees of 2018-2019 Nissan Sentra, Versa, and Versa Note vehicles equipped with a continuously variable transmission, who purchased or leased the vehicle in the United States or its territories.
The plaintiffs’ original complaint alleged the vehicles at issue were designed and/or manufactured with an inadequate cooling system, ultimately making the transmission prone to overheating. Their complaint raised claims including breach of warranty and violation of state consumer laws and sought remedies including an order requiring Nissan to issue a voluntary recall for the class vehicles and removal, repair, and/or replacement of the allegedly defective components.
The Court’s order outlines future proceedings for the settlement, including notice to class members and procedures for requests for exclusion and objections from the settlement class. The court scheduled a Fairness Hearing on the settlement terms on December 1, 2022.
The case is Minerva Martinez, et al. v. Nissan North America, Inc., case number 3:22-cv-00354, in the United States District Court for the Middle District of Tennessee.
You can read the order below: