This website contains information regarding a proposed class action settlement that has been preliminary approved by the Court in Batista, et al. v. Nissan North America Inc., United States District Court Southern District Court of Florida, Cause No. 14-cv-24728.
NATURE OF THE SETTLEMENT
In this lawsuit called Batista, et al. v. Nissan North America, Inc., Cause No. 14-cv-24728, a number of individuals on behalf of themselves and all current and former owners and lessees of 2013-2014 model year Nissan Pathfinder and 2013-2014 Infiniti JX35/QX60 vehicles equipped with the FK-*k2 continuously variable transmission (“CVT”) (“Class Vehicles”), allege that the Class Vehicles have a defective CVT that can lead to transmission vibration or judder. The Plaintiffs brought claims against Nissan for breach of express warranty, breach of implied warranty, unjust enrichment, fraudulent concealment and violation of various State consumer protection statutes. They also sought various injunctive remedies and damages. The people who sued are called the Plaintiffs. The company they sued, Nissan, is called the Defendant.
Nissan has and continues to strongly deny all of Plaintiffs’ claims related to the CVT in their vehicles, denies all allegations of wrongdoing, fault, liability or damage of any kind to Plaintiffs or the Settlement Class (as defined below), denies that it acted improperly or wrongfully in any way, and believes that this litigation is without merit.
THE SETTLEMENT CLASS
You are a Settlement Class Member and part of the settlement if you purchased or leased in the United States or its territories, including Puerto Rico, a 2013-2014 model year Nissan Pathfinder or a 2013-2014 model year Infiniti JX35/QX60 equipped with the FK-*k2 CVT.