Nissan Class Action Lawsuit Decertified: What You Need to Know

rve, the radar might mistakenly identify a car in the adjacent lane as an obstacle in the road. Similarly, driving uphill in a multi-tiered parking garage could lead the radar to misinterpret a low-hanging overpass as an incoming wall.

To address these concerns, Nissan released software updates “S1” in 2018 and “S2” in 2019 to improve target recognition. By August 2022, 63% of ARS 410 radar-equipped Rogue, Rogue Sport, Altima, and Kicks owners had upgraded to the S2 software.

Class action lawsuits were filed alleging sudden activations of the automatic emergency braking systems while driving. The district court certified the lawsuit for customers in 10 states, citing a common problem affecting all vehicles and acknowledging safety hazards reported by Nissan.

However, Nissan contested this decision, arguing that there were multiple versions of products with distinct defects. An expert witness for Nissan highlighted that the rate of brake-related warranty claims varied based on the model and software version.

Following Nissan’s appeal, the Sixth Circuit decertified the class action, noting conflicting evidence about a common defect and the effectiveness of software updates in remedying certain issues. The court questioned the extent of the defect across different models and customers, considering that software updates seemed to resolve the braking problems for some owners.

The case has been remanded to the district court for further review in light of these findings. The Nissan owners involved in the AEB class action lawsuit have been listed, and the case title is “In re: Nissan North America Inc Litigation” filed in the U.S. District Court for the Middle District of Tennessee (Nashville).

Overall, the appeals court’s decision emphasizes the need for a clearer understanding of the alleged defects and their impact on various Nissan models before proceeding with a class action lawsuit.