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On Dec. 19, a Nissan transmission defect class action lawsuit was denied Class certification by the presiding New Jersey federal judge, who ruled that all the Class claims brought forth by the suit’s named plaintiffs cannot be supported by evidence and are untimely.
The transmission defect class action lawsuit alleges Nissan North America Inc. knowingly sold cars with defective transmissions, which—due to a faulty valve part in certain Maxima five speed automatic transmission models—caused shift delays and various other problems.
Nissan’s motion for summary judgment of various claims brought forth by the remaining named plaintiffs was granted by U.S. District Judge Joseph E. Irenas, while simultaneously denying the plaintiffs’ motion for a Nissan Class certification. The decertification ruling by Judge Irenas came just a few days after the judge dismissed claims raised by two additional Nissan transmission defect class action lawsuit plaintiffs.
Lead plaintiff Tameka Nelson filed this transmission defect class action lawsuit in 2011, alleging that in many 2004-2006 Nissan Maxima vehicles, “the absence of a transmission cooling system, combined with the metallic composition of certain transmission parts, caused overheating of the transmission system, which, over time, caused extensive wearing of the relevant parts, leading to the harsh shift problem.” Soon after, other plaintiffs joined Nelson’s class action lawsuit.
In September 2012, plaintiffs’ claims of unconscionability and breach of implied warranty of merchantability were dismissed by Judge Irenas. However, the judge refused to toss Nissan transmission defect class action lawsuit claims of breach of express warranty, unjust enrichment, and consumer fraud claims under several state’s laws.
In May of this year, Nissan filed five separate motions for summary judgment against the lead plaintiffs, who responded a month later that Nissan was attempting to dodge the allegations brought forth in the transmission defect class action lawsuit by claiming it did not know of the defect, as the transmission valve part came from a supplier.
On Dec. 16 and 18, Judge Irenas dismissed the claims of lead plaintiffs Karim Abdullah and Nancy Ebner, whittling down the number of plaintiffs from five to three. The judge found that no juror would reasonably find that Abdullah experienced Nissan transmission defects during the outlined Nissan warranty period. In regards to Ebner’s claim of breach of express warranty and Consumer Sales Practices Act, Judge Irenas ruled the claims were untimely, and additionally, the plaintiff could not demonstrate evidence that the automaker was aware of the Nissan transmission defect, and thus could not have misrepresented the product to Ebner or other plaintiffs.
For similar reasons as stated in the cases of Abdullah and Ebner, Judge Irena also dismissed the remaining three lead plaintiffs’ claims.
The plaintiffs are represented by Joseph G. Sauder, Matthew D. Schelkopf and Benjamin F. Johns of Chimicles & Tikellis LLP and by Michael A. Caddell, Cynthia B. Chapman and Cory S. Fein of Caddell & Chapman.
The Nissan Transmission Defect Class Action Lawsuit is Nelson, et al. v. Nissan North America Inc., et al., Case No. 1:11-cv-05712, in the U.S. District Court for the District of New Jersey.
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37 thoughts onNissan Transmission Defect Class Action Decertified
This judge has got to be the most idiotic person on earth. I bought a 2007 Nissan Altima in August within 2 months the transmission went out leaving me stranded. Even tho the car dealership did not have a warranty, Nissan did have a warranty. In fact they had just extended their warranty to 120,000 due to the fact that there were so many complaints from consumers about the transmission problems that were occurring. luckily I was just under that so they had to replace it, and by replacing it I mean a rebuilt transmission. So the problem really didn’t get fixed at all. So 5 months later, what happens, it goes out again for the second time!!! So now what do I do??? I dont want another transmission, hell I dont even want the damn thing at all, so now I have to hire an attorney to fight this BS and try to get my money back for the payments Ive already made, she thinks she can win under Indianas LEMON LAW!!!! Nissan has known about this problem since 2008, complaints go back to then about the problems these vehicles were having and they chose not to do a recall even tho it was under investigation, but the recall never went through. Just like this law suit got denied…its horrible for a working class person, esp. a woman with 2 kids to have to deal with BS like this. Constantly worrying about if Im going to make it to work or be able to get my kids to school, then having to deal with the dealership and their attitudes like they did me some kind of favor by getting me financed. Come on Judge… do some research and and gain some common sense. But of course we all cant afford a Lexus and live in a mansion now can we??? What seems like a waste of time to you is someone elses livelihood. Think about that for a minute….I hope this does not go away, I hope more people come forward!!! Maybe these attorneys who have been on this case can come to Indiana and file the lawsuit…or I should file another one myself. Im not one to back down very easily!!!! Every media sight will know of Nissan’s wrong doings over this, and the judge might need to go back to college or take a class in mechanics before making such a retarded decision. GEEEEEZ wheres a male judge when you need him!!! Come to Indiana!!!!!
Has anyone replied to your message? I,just had my transmission just go out while driving down a busy highway. My car was bought brand new off the Nissan lot.it’s only three yrs old. Cost for repair over 5,000. Which,I,don’t have and so now it sits.plus I am having to,share a car with my daughter.
My wife bought a 2012 Nissan quest, at the time of buying the van it came with warranty, nissan removed the warranty after a couple of weeks, nissan removed the warranty and withing six months the transmission failed, I called the dealership and nissan to help fisx the transmission but nissan will not do fix it because the van is not under warranty 9 the same warranty they just removed). It was painful but we fixed it through AMCO, AMCO said they bought the transmission from nissan, and nissan will give only one year warranty, after 16 months the transmission failed again, AMCO explained that there is a defect with the transmission, that the transmissions biggest problem is over heating. We took the van to a nissan dealership, the nissan dealership confirmed the defects of overheating in the transmission and that nissan have tried to correct it by putting a cooler in the transmission, but will only give a one year warranty with the new refurbished transmission. From all I learned from my personal experience, AMCO and the nissan dealership and the fact that I live in California is, THE TRANSMISSION IS BUILD TO LAST JUST ONE SUMMER which covers the warranty and by the middle of the next summer the transmission is toast and the warranty has expired. In my case, I believe that Nissan knew about the transmission problem before they removed the warranty that the van was bought with. And question is why didn’t nissan issue a recall after fixing the overheating problem with the transmission. It has been six weeks since we fixed the transmission and I can tell you that the transmission is not handling the recent spike in temperature in California well. I plan to sue nissan because I strongly believe they’re know about this problem.
My 2009 Murano needs a new transmission, $5K
I just found out today the cost to repair the transmission on my 2009 murano $5K
I have had transmission problems with my 2004 Quest. At around 50K miles a new transmission was installed. The issue was random so I could never show the mechanic what was actually happening-they replaced the transmission because he said they saw SHAVINGS which eluded to a problem. Two weeks later had the same issue with not accelerating when engaging gas pedal…ridiculousness. No more issues thus far…A good class action attorney needs to pick this up. Too many customers have been affected by this issue and Nissan should be made to address it and make it right.
I have a 2010 Nissan Rogue and the CVT (transmission) was defective. If you go on Nissan assist.com they’ve extended the warranty for customers of certain vehicles. I’m very pissed because I have no car and Nissan Consumer Affairs Dept is rude, stingy and refuses to acknowledge their wrongs. Out of good will theyre offering me 1000$ to assist in a 4000$ repair job. Oh! And the lady was unsure why I was still unhappy.
Have a 2005 Nissan Xterra with 108,000 miles. Had it towed to Nissan dealership and got a quote for a new radiator, and transmission for over $6,000. How is this fair? We had no idea this could even happen! Btw- my son was driving the xterra home and it just stopped on a very busy road. Unbelievable! Has anyone received any help from Nissan?
Can this lawsuit be reopened or it no longer can be addressed. I have a 2007 Quest and it has had nothing but problems with the transmission slipping losing power and a major jerk when it changes gears not to mention the brakes and engine mounts. There has to be something that can be done. I have researched this problem and there are numerous complaints about the transmission.
I have a 2010 Nissan GTR that the transmission failed at 38140 miles. Nissan said that it would cost $18000 plus to replace the transmission which they would not repair. They also charged me 1034.00 just try to identify the problem. This consisted of removing the transmission fluid pan and looking to see what the issue was they never went any further but charged me a larger than normal amount of money to do this.
I found another repair shop that specialized in the repair of this type of car and informed that the transmission could be repaired for a fraction of the cost that Nissan was demanding to replace the transmission. The repair shop found that Nissan had failed to install parts that would have prevented the breakdown.Nissan was aware of the parts not being installed in the transmission and was aware of the problem some time before.
I have a Nissan xterra 05.
My Trans wines and it’s a default
According to the mechanics who drove my
Car
i have a 2007 nissan quest with only 40 thousand milles and the transmition is shiftting can this be a problem from the nissan