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A federal judge has narrowed claims in a Nissan engine defect class action lawsuit, citing the statute of limitations.
U.S. District Judge Denise Casper issued an order last week allowing drivers in a Nissan class action lawsuit to sue Nissan Motor Co. alleging breach of contract, breach of express warranty, unjust enrichment, and violations of federal and Massachusetts consumer protection laws.
However, Judge Casper trimmed claims for breach of implied warranty and violation of Colorado, Oregon, Texas, and North Carolina protection laws, stating that these charges fall outside of the statute of limitations.
Before the ruling, Nissan sought to have the breach of express warranty claims thrown out, claiming that the express warranties are only an agreement to service problems within the agreed time and mileage restrictions. Nissan offers a basic warranty for 36,000 or 36 months and a powertrain warranty for 60,000 miles or 60 months.
Despite Nissan’s argument, Judge Casper found that the plaintiffs’ claim was strong enough to proceed. “The plaintiffs have pled a lack of meaningful choice over the terms of the warranty, a disparity of bargaining power, a purposeful limitation of the warranty period to exclude the defect, and a defect known at the time of sale to the manufacturer but concealed from the purchases,” Judge Casper wrote. “Moreover, the defect known at the time of sale to the manufacturer was not necessarily the kind of defect that all manufacturers would necessarily know by testing different components for failure rates.”
Nissan also sought to have the breach of contract claim tossed, stating that it was redundant to the breach of warranty claims. Judge Casper said the proposed Class does not need to decide now which claim it will argue.
The Nissan class action lawsuit was filed in October 2016 by plaintiff Sarah Duncan. Duncan allegedly purchased a 2007 Nissan Maxima in 2010 and learned of an engine defect in 2016 when her car had 127,000 miles on it. Nissan allegedly refused to pay her $1,500 repair bill.
The Nissan engine defect claims that Nissan hid a defect in its timing chain tensioning system. The problem is allegedly caused by a plastic component in the system which is prone to wearing away, and can damage cars’ engines and force drivers into large repair bills. The Nissan class action argues that Nissan opted to tell dealerships of the problem but did not tell consumers, despite the potential safety risk.
Duncan proposed to represent a Class of all persons in the United States who purchased or leased the Class vehicles. The proposed Class vehicles include 2004-2006 Nissan Altima vehicles, 2004-2009 Nissan Quest vehicles, 2004-2008 Nissan Maxima vehicles, 2005-2010 Nissan Frontier vehicles, 2005-2010 Nissan Xterra vehicles, and 2005-2010 Nissan Pathfinder vehicles.
The plaintiffs are represented by Gary Steven Graifman and Jay Brody of Kantrowitz Goldhamer & Graifman PC; Howard Longman and Patrick Slyne of Stull Stull & Brody; Adam Stewart and Thomas Shapiro of Shapiro Haber & Urmy LLP.
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 Dec. 3, 2018, the plaintiffs in a Nissan engine defect class action lawsuit contend that their proposed Class should be certified.
UPDATE 2: 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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42 thoughts onJudge Limits Claims In Nissan Engine Defect Class Action Lawsuit
It there still a chance to participate of this case? Nissan Xterra 2008
Today is April 23, 2019 and I live in NY.
If you can help me regarding major engine issue where my 2016 Nissan Altima (under warranty leased car) was at Nissan service twice in four months and I still seized. And car has been denied u der warranty to repair.
Please contact Mrs. Carmina Profeta at 631.553.1576.
Please add me to the law suit. I purchase a 2013 Nissan Sentra in Orlando Florida transmission has went out at 72, 000 miles Nissan want$4, 900 to put transmission in
Please add me to the law suit. I purchase a 2013 Nissan ntras in Orlando Florida transmission has went out at 72, 000 miles Nissan want$4, 900 to put transmission in
Please add me to the lawsuit, i have experienced the transmission issue had to pay to get fixed, timing belt, gas gauge. Everyday something new…. now having starting problems been to dealer for third time and now they have kept for over a week to find out what is wrong….have changed computer box, new battery and still nothing. Nissan doesn’t even know or at least not saying…. This is a drowning money pit! Please help!!
I purchased a 2009 pathfinder a d had to trade in within a year due to problems noises money sornt
I have a 2005 maxima that is constantly having issues, its never ending. How can I be contacted to voice my concerns about my vehicle and potentially prevent others from being in harms way, as I have, more than once.
I have a 2011 Nissan Juke and just had a complete engine seize this past weekend. Was 1,000+ miles within my next oil change, and have had 2-3 issues with my timing chain in the past. My Nissan dealer NEVER informed me this issue could cause engine problems. How can a dealer AND Nissan not inform a consumer of a known issue? Is this legal? Was told this total engine replacement would cost roughly $7500.
I had a timing chain replaced in a 2011 Juke on a recall. I thought I had dodged a bullet. It lasted 16 months and 19000 miles and broke and ruined the engine. I appealed to Nissan corporate and was denied because it was after 12 mo 12k miles. A new timing chain shouldn’t break in under 20k miles . I’m done with nissan
I too had an issue. I have a 2012 Juke. I had the timing chain replaced in the recall in 2014. It has now broken again totaling the engine and at a cost of $8800 for a new engine. I live in Oregon. I feel we should start our own lawsuit to reclaim our money. Apparently this is a known issue, and apparently it was already decided in another class action that Nissan is guilty
let do it..I am in the same situation
I’m confused how do you get included in the lawsuit??
2014 Nissan Versa – almost 90,000 miles. The transmission has to be replaced. Can I be included in this?