Nissan wins court ruling to decertify brake defect class actions

Nissan successfully persuaded a U.S. federal appeals court on Friday to decertify 10 class actions alleging that the automaker sold vehicles with faulty automatic emergency braking systems. The claims centered on “phantom” braking incidents where vehicles allegedly stopped unexpectedly without reason.

The 6th U.S. Circuit Court of Appeals in Cincinnati ruled that it was improper to allow drivers from 14 Nissan models to pursue class actions under the laws of 10 different states without clear common evidence of a defect. Chief Judge Jeffrey Sutton, writing for a three-judge panel, noted that some drivers may never have experienced sudden braking or sought repairs, undermining the uniformity required for class certification.

Nissan argued that its braking systems varied across models and that software upgrades resolved the issue for some vehicles, further complicating any claims of a universal defect. Judge Sutton agreed, stating that analysing “distinct” software fixes and the varying manifestations of the alleged defect was essential to determining liability.

“Some drivers experienced sudden braking, others did not; some sought repairs, others did not. The evidence varies significantly across the group,” Sutton wrote, emphasising that the plaintiffs could not prove a common defect applicable to all affected models.

The litigation targeted Nissan’s Rogue (2017-2020), Rogue Sport (2017-2021), Altima (2019-2021), and Kicks (2020-2021) models. The states involved were California, Connecticut, Florida, Illinois, Massachusetts, Missouri, New York, Ohio, Pennsylvania, and Texas.

Class actions often provide plaintiffs with cost-effective remedies compared to individual lawsuits, but the court’s ruling may complicate efforts to pursue collective legal action against Nissan.

The case now returns to a trial court in Nashville, Tennessee, where plaintiffs may present new evidence to seek re-certification of the class. Nissan has manufacturing plants in Smyrna and Decherd, Tennessee, which could be affected by the case’s outcome.

Representatives for the drivers and Nissan have not yet responded to requests for comment. The ruling marks a significant victory for the automaker as it continues to navigate the legal challenges surrounding its braking systems.