Paul Tassin  |  April 3, 2017

Category: Closed Class Actions

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This settlement is closed!

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Nissan class action lawsuit

Parties have reached a settlement agreement in a Nissan Infiniti transmission defect class action lawsuit.

Owners and lessees of certain Nissan and Infiniti vehicles equipped with an FK-*k2 continuously variable transmission, or CVT, may qualify for benefits under terms of this settlement.

The settlement resolves claims from three separate Nissan and Infiniti class action lawsuits. Six plaintiffs in these actions allege the FK-*k2 CVT equipped in certain vehicles sold by defendant Nissan North America Inc. is defective in a way that causes the transmission to vibrate or judder during acceleration.

Plaintiffs claim this defect creates an unreasonable risk of a collision, putting drivers and passengers at risk for injury or death. They allege Nissan knew about the problem with these transmissions but failed to adequately resolve it.

The parties agreed to this Nissan Infiniti class action settlement last fall. Affected owners and lessees may qualify for a warranty extension or special pricing on a new Nissan or Infiniti vehicle.

Nissan continues to deny the allegations. The settlement does not require Nissan to admit any fault, and the court has made no determination regarding liability.

Class Members will automatically benefit from this settlement unless they opt out. Those who want to exclude themselves from the terms of the Nissan settlement must do so by May 17, 2017.

Who’s Eligible

The settlement Class includes all persons who within the U.S. or its territories, including Puerto Rico, purchased or leased a Nissan Pathfinder from model years 2013 to 2014 or an Infiniti JX35/QX60 from model years 2013 to 2014 that was equipped with an FK-*k2 continuously variable transmission.

Potential Award

Varies.

Under terms of this settlement, Class Members may qualify for a warranty extension for their vehicle or special pricing on a new vehicle.

In all Class vehicles, Nissan will extend its warranty on the transmission assembly, including the valve body and torque converter, by an additional 24 months or 24,000 miles, whichever comes first. This warranty extension does not apply to the automatic transmission control unit, or ATCU.

Former owners of a Class vehicle who had at least two repairs or replacements of the transmission assembly, valve body or torque converter while they owned the vehicle may qualify for special pricing on the purchase or lease of a new Nissan or Infiniti vehicle under the Vehicle Purchase Program, also known as VPP Pricing.

Proof of Purchase

To receive a warranty extension, Class Members don’t need to do anything.

To exercise the VPP Pricing option, qualifying Class Members must provide their name and a government-issued ID to an authorized Nissan or Infiniti dealership on or before March 15, 2018.

Frequently Asked Questions

FREQUENTLY ASKED QUESTIONS »

Exclusion Deadline

5/17/2017

Case Name

Kenai Batista, et al. v. Nissan North America Inc., Case No. 1:14-cv-24728, in the U.S. District Court for the Southern District of Florida

Final Hearing

6/21/2017

Settlement Website

www.NissanCVTLitigation.com

Claims Administrator

Nissan CVT Litigation Settlement Administrator
PO Box 43441
Providence, RI 02940-3441
1-855-306-1955

Class Counsel

F. Jerome Tapley
Hirlye R. “Ryan” Lutz, III
Adam W. Pittman
CORY WATSON PC

Ronald P. Weil
Mary Olszewska
WEIL QUARANTA PA

C. Richard Newsome
William Ourand
NEWSOME MELTON LLP

Lawrence Deutsch
Jeffrey L. Osterwise
BERGER & MONTAGUE PC

Jordan L. Lurie
Robert K. Friedl
Tarek H. Zhody
Cody R. Padgett
CAPSTONE LAW APC

Defense Counsel

E. Paul Cauley, Jr.
DRINKER BIDDLE & REATH LLP

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79 thoughts onNissan, Infiniti Transmission Defect Class Action Settlement

  1. Alecia says:

    We have a 2014 Pathfinder. Nissan replaced transmission under warranty in 2019 with 52k miles on the car. Now, just over 4 years after replacing the transmission/33k miles later, we are experiencing hesitation when trying to accelerate and a lack of power. We had diagnostic testing completed today and the diagnostics reveal that the transmission is failing again. Nissan refuses to replace it bc it’s over the 12 month/12K mile warranty. So, Nissan build the car with a crappy transmission and replaced it with an even crappier transmission. What is wrong with this company?! We will never buy a Nissan again!

  2. Marlene Lockwood says:

    Bought my 2015 Nissan Pathfinder Platinum in August of 2015 – numerous recalls, in 12/21 the fan had to be replaced… (no code showing that the transmission was in trouble? …. the car was making noises then, thought it was the fan and that would fix it. No mention of the possibility of a transmission issues. Yesterday while driving tried to stop for a red light…had to basically stand on the brakes and the car would not stop, midway in the intersection the car stopped after crossing one lane of traffice and stopping short of broadsiding a vechicle that had the green light. Blessings all were safe, we took it to the Nissan dealer today, they ran the diagnostic test and it gave the code for the transmission and the computer reported the transmission was finished we were advised for safety reasons not to drive it. Then we find out about the class action settlement that left us out…7 years or 84,000 miles. Our pathfinder has 75,000 miles and is 7 years and 2 months old. We are two months past the seven years 9000 miles short of the 84,000. We are now responsible to pay the full price of the transmission replacement, when Nissan was aware of this situation. There should be a Major Warning And Recall on these vehicles. The almost accident would have been life threatening with personal injurey had it happened. I am writing here, #1 because the agreement made prior was short of what was needed’ #2 in hopes that someone will read this and take this further before someone is truly hurt or hurts others.

  3. Kerri says:

    I bought my Pathfinder new in 2014. I had the first replacement at 4 weeks, the second at 2 months, and so on. I am now on number 5 plus, 2 that had the torque changed. This one is now going out. This one has been in my car for under 35k miles and less than 4 years. My brake switch malfunctioned, my cluster went out etc…. I have tried a complaint with Nissan to replace this transmission, but they outright refuse to take liability. I have almost had 2 horrible accidents due to these issues. So 6 transmissions needed in 8 years is nearly one per year. How are they not liable for replacing a faulty part with the same faulty part? They must have good attorneys!

  4. Ken says:

    Bought 2013 pathfinder new 53k miles later Nissan replaces tranny. Now at 104,200 (51k miles later) Nissan is telling me that tranny as failed and need a 3rd tranny at $5900 out of my pocket. Always bought Ford going back Ford!

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