Court disapproves class actions against Nissan’s defective AEB systems

On November 22, Nissan convinced a federal appeals court to drop a class action lawsuit accusing the automaker of selling vehicles with defective automatic emergency braking (AEB) systems. These systems would have 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 class under the laws of 10 individual states based on a blanket allegation that the AEB systems were not functioning properly .

Chief Judge Jeffrey Sutton, writing for a three-judge panel, explained that the drivers’ claims do not have a uniform basis for certification. Sutton noted that not all drivers were affected by the sudden braking problem, and many may not have requested repairs even if they had encountered the problem. Additionally, the court pointed out that Nissan has implemented different software updates for different models, indicating that the alleged defect may not be consistent across all affected vehicles.

The lawsuits targeted several Nissan models, including the 2017-2020 Rogue, 2017-2021 Rogue Sport, 2019-2021 Altima and 2020-2021 Kicks. The plaintiffs, who represented drivers from California, Connecticut, Florida, Illinois, Massachusetts, Missouri, New York, Ohio, Pennsylvania and Texas, alleged that the AEB systems were activated unnecessarily without any immediate danger of a collision. However, the appeals court ruled that the issue was inconsistent enough to warrant a class-wide approach.

The ruling is a major victory for Nissan, which had argued that the class action was too broad to be valid. The automaker claimed that the specific nature of the braking problems varied by model and that software updates had resolved the problem for some vehicles. As a result, the court concluded that each case would have to be considered individually to determine whether the plaintiffs’ claims were valid.

Although the appeals court decertified the class actions, it did not dismiss the case outright. The trial will now return to a judge in Nashville, Tennessee, where further proceedings can take place. This could include 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 car defects, especially when reported problems vary between different vehicles.