On November 22, Nissan convinced a federal appeals court to decertify a class action lawsuit accusing the automaker of selling vehicles with faulty automatic emergency braking (AEB) systems. These systems allegedly caused the cars and SUVs to stop suddenly, often in low-risk situations such as near overpasses, parking garages, and railroad crossings.
The U.S. 6th Circuit Court of Appeals ruled that it was improper for drivers of 14 different Nissan models to sue as a group under the laws of 10 individual states based on a blanket claim that the AEB systems failed to function properly.
Chief Judge Jeffrey Sutton, writing for a three-judge panel, explained that the drivers’ claims do not have a unified basis for certification. Sutton noted that not all drivers experienced the sudden braking issue, and many may not have sought repairs even if they had encountered the problem. Additionally, the court pointed out that Nissan implemented different software updates for various models, suggesting that the alleged defect may not be consistent across all affected vehicles.
The lawsuits targeted several Nissan models, including the 2017-2020 Rogue, the 2017-2021 Rogue Sport, the 2019-2021 Altima, and the 2020-2021 Kicks. The plaintiffs, who represented drivers from California, Connecticut, Florida, Illinois, Massachusetts, Missouri, New York, Ohio, Pennsylvania, and Texas, claimed that the AEB systems activated unnecessarily without any immediate danger of a collision. However, the appeals court found the issue inconsistent enough to justify a classwide approach.
The ruling is a significant win for Nissan, which had argued that the class action was too broad to be valid. The automaker contended that the specific nature of the braking issues varied between models and that software updates had resolved the problem for some vehicles. As a result, the court concluded that each case would need to be individually evaluated to determine whether the plaintiffs’ claims were valid.
Although the appeals court decertified the class actions, it did not dismiss the case outright. The litigation will now return to a trial judge in Nashville, Tennessee, where further proceedings may take place. This could involve the presentation of new evidence that could potentially lead to class certification in the future.
The case currently plays a crucial role in addressing class actions related to automotive defects, especially when the reported issues vary among different vehicles.
