— The U.S. Supreme Court won't get involved in a Nissan sunroof class action lawsuit that has spent eight years in court.
The lawsuit alleges Nissan panoramic sunroofs shatter and explode while driving or while the vehicles are parked, and no external impacts to the glass are required.
The Nissan sunroof class action lawsuit began eight years ago for customers nationwide and included these Infiniti and Nissan vehicles.
- 2009-2014 and 2016-2020 Nissan Maxima
- 2014-2020 Nissan Rogue
- 2013-2020 Nissan Pathfinder
- 2009-2020 Nissan Murano
- 2013 Infiniti JX35
- 2014-2020 Infiniti QX60
But multiple court actions and appeals ended with the class action covering customers in only five states, and then four, leaving customers in the rest of the country on the side of the road. The class action lawsuit includes only California, Colorado, Florida and New York.
Nissan argued some of the same lawyers in this case filed four Nissan sunroof class action lawsuits of which two were dismissed. In one dismissed case, the judge ruled:
“It is for the Plaintiffs to demonstrate at this stage in litigation that they suffered some damages—it is circular logic to say they suffered injury because they overpaid for their vehicles where the cost failed to include the risk of injury—that injury being the risk of overpaying.”
According to Nissan, the same logic should apply to this case, titled Sherida Johnson v. Nissan.
Nissan Petitions the U.S. Supreme Court
Following a decision of the U.S. Court Of Appeals For The Ninth Circuit which allowed the sunroof class action for California, Colorado, Florida and New York customers, Nissan filed a "writ of certiorari" with the Supreme Court asking the court to review the appeals court decision.
According to Nissan, the sunroof class action lawsuit should not even exist because 99.8% of customers will never experience a shattered sunroof.
Nissan argues all the evidence proves less than 0.2% of its panoramic sunroofs break from any cause, "including when a tree falls on them, when there is a rollover accident, or when they are hit by a hard rock during the life of the vehicle."
Nissan also claims it's nonsense for the plaintiffs to argue all Infiniti and Nissan owners overpaid for their vehicles which left those customers "injured." Additionally, Nissan asserts it showed evidence that years of negative publicity about exploding sunroofs did not affect vehicle resale values.
After the appeals court let stand class action lawsuit certification for California, Colorado, Florida and New York, Nissan filed the writ of certiorari which "orders a lower court to deliver its record in a case so that the higher court may review it."
After months of waiting, Nissan received an answer but not the one it desired. On the Supreme Court docket and dated October 6 are the words:
"Petition DENIED."
CarComplaints.com will update our website with future details about the Nissan sunroof class action lawsuit for California, Colorado, Florida and New York.
The Nissan sunroof class action lawsuit was filed in the U.S. District Court for the Northern District of California: Sherida Johnson, et al., v. Nissan North America, Inc.
The plaintiffs are represented by Simmons Hanly Conroy LLC, and Greg Coleman Law PC.