Just received this in my email last night.
This email is to give you the latest information on the class action lawsuit that seeks to hold Nissan accountable for selling Altima vehicles whose dashboards melt when exposed to heat and humidity. Below is an FAQ about the lawsuit. If you have additional questions, please email us. [email protected]
Q. Is the trial starting on July 11, 2016?
A. The cases remains on calendar to begin a two-week trial on July 11, 2016, and we are making final preparations to present arguments to a jury at that time. However, the Court has not yet ruled on some motions that are typically decided before trial starts, and Nissan has asked the Court for an opportunity to discuss changing the schedule. At this time, the Court has not responded to Nissan’s request, and we expect to be in trial on July 11. We will send an update if the date changes.
Q. Is it possible the case will end in a settlement?
A. The parties engaged in a Court-ordered mediation on April 21, 2016, but were unable to resolve the matter at that time.
Q. Has the Court certified a class?
A. The Plaintiffs asked the Court to certify their proposed class on January 29, 2016, and full written arguments for and against class certification have been before the Court since March 11. Judge Moore has not yet ruled on the request, however.
Q. If the class is certified, who will be included in the class?
A. Plaintiffs have defined the class as “All persons who purchased or leased a 2008 or 2009 Nissan Altima vehicle from an authorized Nissan dealer in Florida prior to January 1, 2014.” If Judge Moore certifies the class, he may accept that definition or he may modify it. We will issue a notice to class members if a class is certified.
Q. Could the case end without a trial or settlement?
A. Nissan filed a motion for summary judgment in April, seeking to end the case by arguing that there are no factual issues in dispute for a jury to decide. A motion for summary judgment is a tool frequently used by defendants shortly before trial, and, if granted, would end the case (subject to Plaintiffs filing an appeal). Plaintiffs have opposed Nissan’s motion with their own legal arguments and identification of facts which must be decided by a jury. Judge Moore has not yet ruled on the motion.
Q. Are there other motions pending?
A: Yes. After plaintiffs file a complaint, defendants are required to file a formal answer responding to the allegations and identifying certain types of defenses within a set period of time. Nissan filed its answer several months late and included defenses in it that Nissan had not previously indicated it would raise. The tardy filing prevented Plaintiffs from fully investigating the claimed defenses during the discovery process, which had already closed. Plaintiffs thus asked the Court to strike three of the defenses so that Nissan may not argue them against the Plaintiffs’ claims.
There are also motions pending from both sides to exclude certain testimony from trial. For instance, each side intends to present expert testimony to support their claims or defenses, and each side has moved to prevent some of those experts from either testifying at all or testifying on specific issues. And Nissan has asked the Court to exclude any testimony on several issues, including whether the melting dashboard defect presents a safety hazard. As with the class certification and summary judgment motions, the Court has not yet ruled on these pending motions.
Q. What happens next?
A. We continue to prepare for trial while awaiting the Court’s guidance on the pending motions and current schedule. We are organizing the evidence Plaintiffs will present to the jury, working with our experts, and planning the overall trial strategy. We will send an update as new information becomes available.
Q. How can I stay up-to-date on the status of the case?
A. You’re receiving this email because you contacted our law firm for more information about the case. We will send periodic updates when there are developments to report. We also keep our case webpage up-to-date. http://www.classlawgroup.com/nissan-mel ... uit-filed/
We encourage you to visit our website http://www.classlawgroup.com/
to learn more about the status of the Nissan melting dashboard lawsuit, as well as about our team of attorneys and other current cases and legal investigations.
Please email us if you do not wish to receive updates about the lawsuit. [email protected]
Very truly yours,
Gibbs Law Group LLP