Nissan could be on its way to challenging a recent California district court ruling that resulted in class action certification for drivers in multiple states. The ruling, a continuation of a 2017 lawsuit alleging that a number of vehicles contain a “defect” on their panoramic sunroofs, could soon see an appeal from the vehicle manufacturer, according to documentation it filed with the court.
Plaintiffs allege that the panoramic sunroofs on a number of Nissan vehicles including the Maxima, Rogue, Pathfinder, Murano and Infiniti JX and QX60, have a “defect.” They and their cited experts allege that the sunroofs’ design makes them vulnerable to fracturing or shattering under normal driving conditions.
Plaintiffs also argue that Nissan failed to disclose the alleged issue to consumers as required by consumer protection laws.
Nissan argues that its panoramic sunroofs comply with regulatory standards set by the National Highway Traffic Safety Administration (NHTSA). The company further argued that only 0.15% of its panoramic sunroofs shatter.
In July, U.S. District Judge William Orrick out of California certified claims from drivers in California, New York, Colorado and Florida. The judge declined to certify the claims brought from Illinois due to the state’s consumer protection statutes.
Records filed by the court on Tuesday, October 25 show that the Ninth Circuit Court of Appeals has granted Nissan’s petition for permission to appeal the July ruling that certified claims from drivers in those four states.
“The court, in its discretion, grants the petition for permission to appeal the district court’s July 21, 2022 order on class action certification,” the record reads.
According to court records and procedures, Nissan has 14 days from the filing date of October 25 to “perfect” the appeal by submitting the necessary documentation.
