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Court decertifies 10 class actions covering 14 models

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'Phantom' braking allegedly stopped vehicles for no reason

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Litigation returned to lower court for further proceedings

By Jonathan Stempel

Nov 22 (Reuters) - Nissan ( NSANF ) persuaded a federal

appeals court on Friday to decertify 10 class actions accusing

the Japanese automaker of selling cars and SUVs with defective

automatic emergency braking systems that caused vehicles to stop

suddenly for no reason.

The 6th U.S. Circuit Court of Appeals in Cincinnati said it

was improper to let drivers of 14 Nissan ( NSANF ) models sue in groups

under the laws of 10 individual states simply by claiming that

the braking systems did not work.

Drivers claimed they experienced "phantom" activations of

the systems at low overpasses, parking garages and railroad

crossings, instead of when collisions might be imminent.

Writing for a three-judge panel, however, Chief Judge

Jeffrey Sutton said some drivers may never have experienced

sudden braking, or sought repairs to begin with.

He also said Nissan ( NSANF ) created "distinct" software upgrades for

different models that appeared to fix the problem for some

drivers, suggesting there was no common defect.

"Analyzing the various manifestations of the alleged defect

is necessary to assess whether common evidence could vindicate

the plaintiffs or Nissan ( NSANF ) on a classwide basis," Sutton wrote.

Class actions let plaintiffs potentially obtain greater

remedies at lower costs than if forced to sue individually.

The litigation covers Nissan's ( NSANF ) Rogue from 2017 to 2020,

Rogue Sport from 2017 to 2021, Altima from 2019 to 2021, and

Kicks from 2020 to 2021.

The 10 states are California, Connecticut, Florida,

Illinois, Massachusetts, Missouri, New York, Ohio, Pennsylvania

and Texas.

Lawyers for the drivers did not immediately respond to

requests for comment. Nissan ( NSANF ) and its lawyers did not immediately

respond to similar requests.

The appeals court returned the case to a trial judge in

Nashville, Tennessee, for further proceedings, potentially

allowing new evidence supporting class certification. Nissan ( NSANF ) has

plants in Smyrna and Decherd, Tennessee.

The case is In re: Nissan North America Inc Litigation, 6th

U.S. Circuit Court of Appeals, No. 23-5950.