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The plaintiffs in a Nissan engine defect class action lawsuit contend that their proposed Class should be certified.
The proposed Class would consist of Nissan owners and lessees nationwide who were affected by an alleged engine defect in various 2004-2010 Altima, Quest, Maxima, Frontier, Xterra and Pathfinder vehicles.
The plaintiffs claim that thousands of drivers were affected by the alleged timing chain defect, costing them money, time, and energy to manage.
“[Nissan’s] unlawful conduct has caused plaintiffs and other class members to suffer damages,” stated the motion for certification in the Nissan engine defect class action lawsuit. “Had plaintiffs and other class members known about [timing chain system] defects they would not have purchased their class vehicle at the price they did, if at all.”
The plaintiffs seek to certify a nationwide Class of consumers who purchased or leased one of several makes and models of allegedly defective Nissans, including 2004-2006 Nissan Altimas, 2004-2009 Nissan Quests, 2004-2008 Nissan Maximas, 2005-2010 Nissan Frontiers, 2005-2010 Nissan Xterras, and 2005-2010 Nissan Pathfinders.
The plaintiffs also seek to represent statewide Classes of consumers from Massachusetts, Texas, Colorado, and Oregon.
“Each Plaintiff who seeks to serve as class representative for their respective state and National Class has standing to assert alleged claims; is a consumer owner/lessee of a Class Vehicle with a failed TCS due to the alleged TCS defects; purchased their Class Vehicle in the same state as the owners and lessees in the state Subclass they seek to represent; and has suffered out-of-pocket damages,” states the plaintiffs’ motion for certification of the Class.
According to the Nissan engine defect class action lawsuit lodged against the car maker in 2016, a plastic part of the timing chain system in certain vehicles wears away prematurely – leading to expensive repairs that Nissan allegedly refuses to cover.
The plaintiffs say that the defective timing chain manifests itself in loud engine noises and even catastrophic engine failure. The alleged defect can result in sudden deceleration or stopping while in motion – presenting a serious safety concern.
The Nissan class action lawsuit contends that the car maker failed to disclose the defect, despite warning Nissan dealers. Further, Nissan refused to fix problems caused by the defect under its warranties, say the plaintiffs.
The Nissan engine defect class action lawsuit has been trimmed of consumer protection claims based on certain state laws, including those in North Carolina, Oregon, Texas, and Colorado, because of the statutes of limitations in those states.
Further, class action claims of breach of implied warranty were dropped by a federal judge for the same reasons.
The Nissan class action lawsuit is seeking “relatively modest damages” on behalf their proposed Class, according to the plaintiffs’ motion for certification, including reimbursement as well as declaratory relief.
The plaintiffs are represented by Adam M. Stewart of Shapiro Haber & Urmy LLP, Gary S. Graifman and Jay I. Brody of Kantrowitz Goldhamer & Graifman PC, and Howard Longman and Patrick Slyne of Stull Stull & Brody.
The Nissan Engine Defect Class Action Lawsuit is Duncan, et al. v. Nissan North America Inc., et al., Case No. 1:16-cv-12120, in the U.S. District Court for the District of Massachusetts.
UPDATE: On Feb. 14, 2020, Nissan has agreed to pay $6 million to settle the Nissan engine defect class action lawsuit. Learn more here.
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40 thoughts onNissan Engine Defect Class Action Lawsuit Seeks Certification
Has there been any new action for newer vehicles? I have a 2020 with catastrophic engine failure.
Please add me. 2010 Altima. Known CVT issues per outside repair shop taken to dealership. Corporate told me to take to dealership (knowing car was over extended warranty at 126,000) before they would even consider it. Corporate Failed to tell me that I would be responsible for diagnostic fee. I was denied a claim for a “known issue” (per corporate representstive) since my car was above this mileage, and I was left to pay the diagnostic fee (although we knew from the beginning what was wrong).
Nissans response to this is appalling.
Please add me to this.
Please add me I have a 2009 Nissan Altima transmission failing loud noises replaced wheel bearing Tyrod new tires now I’m being told it’s the transmission bearing it is sputtering loud whining and I still owe $3,000 on the car paying the dealership and I am being told I have to put a new transmission in it. That obviously I can’t afford
Please add me
I have an 07 Nissan quest. The transmission had to be replaced at around 100,000 miles and a new engine was put in at 157,000. Now the fuel gauge is not reading correctly. Their recall required a harness be put in to correct for the gauge issue, but that did not work. A new fuel pump was put in, but that didn’t work either. These factory issues are extremely dangerous and cause the engine to shut off unexpectedly which also shuts off the power steering causing drives to lose control of the vehicle. Nissan continues refuse to help with this citing vehicle age and mileage, even though its a known issue for several years before. How can I get in on these lawsuits to cover the costs of their dangerous and defective vehicles?
I had a 2010 nissan maxima. I did have serious engine problems that cost over $5,000.00.
I bought a brand new 2008 Nissan Pathfinder SE at the end of 2008, now it is 12/2019 and I’m now suffering from a $2200 bill to repair a faulty timing chain system. My wife barely drives the vehicle and the mileage was 77,300 at the time of the repair. Called nissan and they told me that they would not offer any financial compensation for a vehicle that is that far out of warranty. Is it not the choice of using timing chain in a vehicle to eliminate the need to replace the timing chain, timing chain should last the lifetime of the engine. There are several nissan service bulletins related to the timing chain issues and are really a result of poor engineering using plastic components within the system. There are also several class action lawsuits related to the same for this year/model and previous years/models but nissan doesn’t admit any fault. They never told me at the dealership that I would probably need to replace the timing chain before I replace the original tires. Nissan will never get another penny from me and hopefully anyone reading this post will also not spend any money with that manufacture.
We have a 2006 Nissan Xterra that just killed itself because this faulty timing chain. We live in Oregon. Do we have any recourse? Can you give me any more information?
My worked very hard to save money and bought a 2010 Nissan Altima. Three days later we had a mechanic take a look at the engine and it was confirmed that there was going to be needed transmission work. Another mechanic made us aware of this lawsuit.
May I please have more information? I am going to attempt to have the dealership refund the money and take the car back.