Nissan settles class action over allegedly faulty brakes; Attorneys to receive $3.45 million

By Kyla Asbury | Dec 9, 2014

OAKLAND, Calif. (Legal Newsline) - Nissan has agreed to settle a class action lawsuit against it over its alleged faulty brakes by reimbursing vehicle owners between $20 and $800 for their brakes.

Current and former owners of 2004-2008 Nissan Titans, Armadas and Infiniti QX56s will be able to file claims for reimbursement of out-of-pocket expenses for the allegedly defective brakes. Claims for vehicles with under 48,000 miles are able to receive maximum reimbursement of $800, while claims for vehicles with more than 120,000 miles can seek a maximum reimbursement of $20, according to the motion for settlement filed Dec. 5 in the U.S. District Court for the Northern District of California.

Nissan agreed that class counsel is entitled to seek an award of reasonable attorneys' fees and expenses not to exceed $3.45 million.

Brandon Banks, Erin Banks, David Soloway and Tom West will each receive an incentive award of no more than $5,000, according to the settlement document.

Under the settlement agreement and release, each member of the class will be deemed to have released any and all claims except personal injury claims.

Nissan denies that it engaged in any wrongful conduct or that it was aware of the alleged defect, according to the settlement document.

Brandon Banks and Erin Banks initially filed the class action lawsuit on April 25, 2011.

They claimed the defect was a serious threat to the safety of consumers because the Delta Stroke sensor was prone to failure.

In February 2011, the Bankses say they discovered the defect and their local Nissan dealership charged them a price in excess of $1,000 to replace the Delta Stroke sensor and refused to cover the cost of the replacement.

The plaintiffs are represented by Clifford L. Carter and Kirk J. Wolden of Carter Wolden Curtis LLP in Sacramento, Calif.; Michael F. Ram and Karl Olson of Ram Olson Cereghino & Kopczynski LLP in San Francisco; and F. Jerome Tapley and Hirlye R. Lutz III or Cory Watson Crowder & Degaris PC in Birmingham, Ala.

Nissan is represented by Timothy W. Loose and G. Charles Nierlich of Gibson Dunn in Los Angeles.

A fairness hearing is scheduled for Dec. 24.

U.S. District Court for the Northern District of California case number: 4:11-cv-02022

From Legal Newsline: Kyla Asbury can be reached at classactions@legalnewsline.com.

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