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A class action settlement over allegedly defective batteries in Nissan LEAF electric-powered cars has hit another snag.
On Dec. 19, the federal judge overseeing the Nissan LEAF class action lawsuit and settlement recused herself from hearing the Motion for Final Approval of the deal to avoid being questioned for impartiality.
The Nissan LEAF settlement is part of a class action lawsuit alleging that Nissan did not disclose that its electric-powered LEAF cars contain defective batteries that cause them to prematurely lose battery life and driving range. Nissan denies the allegations but agreed to a class action settlement that will expand the warranty coverage for its 2011-2012 model year LEAF cars to cover battery capacity loss and repairs. The proposed class action settlement would set back the car-maker within the range of $38 to $200 million.
However, Class Members Alex Kozinski and his wife Marcy Tiffan, came forward to object to the proposed Nissan Leaf class action settlement. It so happens that Mr. Kozinski is also the Chief Judge of the 9th Circuit Court of Appeals.
Kozinski alleges in his opposition, filed with the U.S. Central District of California, Western Division, under U.S. District Judge Beverly Reid O’Connell, that the Plaintiff’s counsel “sat down to the negotiating table and cut a deal, without knowing a single thing about what cards their opponents held.”
On Dec. 19, Judge O’Connell recused herself from further proceedings in the litigation, saying, “The Objector, although appearing in his personal capacity serves as the Chief Judge of the Ninth Circuit Court of Appeals. In his professional capacity, the Objector sits on panels that decide appeals, and reviews complaints of judicial misconduct involving district judges within the circuit.”
Under Canon 3C(1) of the Code of Conduct for United States Judges, a judge is required to recuse herself “in a proceeding in which the judge’s impartiality might reasonably be questioned.”
The just stated that “a reasonable person might question this Court’s impartiality in deciding the issue. For example, if the Court were to disapprove the settlement, a reasonable person might question whether the Court’s actions were a result of the Objector’s participation in the lawsuit. ”
In the same manner, the order stated that if the Court were to approve the final class action settlement, “a reasonable person might question whether the Court was favoring the other side.”
Because of this, “the Court hereby recuses itself,” the order stated.
It should be noted that Judge O’Connell is already the second judge to recused. U.S. District Judge Dean Pregerson recused himself last month after overseeing this case through preliminary approval of the settlement. He cited “social relationship” with the objector as reason for recusing.
Top Class Actions will continue to update you on what happens next to this settlement. Further details can be found at the Settlement Administrator’s website: www.NissanLEAFSettlement.com.
The Nissan LEAF Battery Class Action Lawsuit is Humberto Daniel Klee, et al. v. Nissan North America, Inc., et al., Case No. 12-cv-08238, U.S. District Court, Central District of California, Western Division.
The Plaintiffs are represented by Jordan L. Lurie, Andrew Sokolowski and Tarek Zohdy of the Initiative Legal Group, APC.
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