Nissan Engine Defect Class Action Lawsuit Seeks Certification

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.