Nissan Reaches Settlement in Defective LEAF Battery Class Ac

[dgpcolorado]

If I ever actually receive my form, I believe I will do likewise...

I've decided. I'm opting out baby!

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
[today's date]

Nissan Leaf Settlement Administrator
P.O. Box 43191
Providence, RI 02940-3191


Re: Humberto Daniel Klee and David Wallak, individually, and on behalf of a class of similarly situated individuals v. Nissan North America, Inc., Civil Action CV 12-08238.


Please exclude me from the Klee Settlement. I do not wish to be a Settlement Class Member and want to be excluded from the Settlement.


[your name] [your phone number]
[your address]


[year] Nissan LEAF, VIN: [VIN number], mileage: [odometer reading]


[signed] [date]

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

(Needs to be received by October 28th)

 

[Vuman]

There is no "opt-out" form. You have to send a letter in order to opt out. You can get the address and how to opt out at

http://classaction.kccllc.net/content.aspx?c=5620&sh=1" onclick="window.open(this.href);return false;

Unlike securities class actions, almost all class actions are "opt-out" rather than "opt-in." Therefore, if you do not want to be bound by this settlement agreement, you must opt-out.

Paragraph 55 of the Settlement Agreement provides that if 925 or more people opt-out of the settlement, Nissan reserves the right to rescind the agreement entirely. Having already publicly announced the warranty extension and stating that it covers all Leaf's in the US, Nissan cannot now rescind the warranty. Therefore, if more than 925 people opt out, Nissan may blow up this settlement and be required to provide a better solution to this problem.

Furthermore, if you are in California, Paragraph 59 of the settlement agreement requires that if you are bound by the settlement, you are also releasing any and all claims against Nissan regardless of whether or not you know of such claims at this time. Thus, if you have problems in the future, Nissan can assert that you have waived any claims against them already. Paragraph 57 states that anyone who agrees to the settlement has no right to any future claims as to the allegations contained in the complaint.
http://classaction.kccllc.net/Documents/NNK0001/NNK_Settlement_Agreement.pdf" onclick="window.open(this.href);return false;

Spindoctor, Thanks for the info. My opt-out letter will be in the mail by tonight. Still would recommend writing letters to the State Attorneys also, just in case we don't get the 925 people to opt-out.

 

[uwskier20]

[today's date]

Nissan Leaf Settlement Administrator
P.O. Box 43191
Providence, RI 02940-3191


Re: Humberto Daniel Klee and David Wallak, individually, and on behalf of a class of similarly situated individuals v. Nissan North America, Inc., Civil Action CV 12-08238.


Please exclude me from the Klee Settlement. I do not wish to be a Settlement Class Member and want to be excluded from the Settlement.


[your name] [your phone number]
[your address]


[year] Nissan LEAF, VIN: [VIN number], mileage: [odometer reading]


[signed] [date]

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

(Needs to be received by October 28th)

Looks like a perfect template. This ought to be stickied somewhere for others to find.

 

[TonyWilliams]

Done.

[today's date]

Nissan Leaf Settlement Administrator
P.O. Box 43191
Providence, RI 02940-3191


Re: Humberto Daniel Klee and David Wallak, individually, and on behalf of a class of similarly situated individuals v. Nissan North America, Inc., Civil Action CV 12-08238.


Please exclude me from the Klee Settlement. I do not wish to be a Settlement Class Member and want to be excluded from the Settlement.


[your name] [your phone number]
[your address]


[year] Nissan LEAF, VIN: [VIN number], mileage: [odometer reading]


[signed] [date]

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

(Needs to be received by October 28th)

Looks like a perfect template. This ought to be stickied somewhere for others to find.

 

[FairwoodRed]

Opting-out isn't objecting, per-se. Opting out is reserving your right to persue other avenues of recompense. In fact, you can't opt-out AND object, which is a bit annoying.

But it looks like you can object, then opt-out later…

 

[TonyWilliams]

Here's the link to the Opt-Out poll and the form letter penned by dgpcolorado:

http://www.mynissanleaf.com/viewtopic.php?p=326483#p326483" onclick="window.open(this.href);return false;

 

[91040]

Great information, spindoctor. Thank you.

Opting out is a no brainer since I will be around the 60k mile mark by the time this settlement is heard in court. The 5yr/60k mile capacity warranty was a good move by Nissan for more normal drivers. The additional conditions included in this settlement are not.

Do those who opt out still have the 5yr/60k mile capacity warranty? That still confuses me. If the warranty is good regardless, why be a part of this settlement?

 

[mwalsh]

Opting-out isn't objecting, per-se. Opting out is reserving your right to persue other avenues of recompense. In fact, you can't opt-out AND object, which is a bit annoying.

But it looks like you can object, then opt-out later…

I see that as a possibility. But not sure how the timing would work. You could see yourself excluded from a class you really should have stayed in once a new settlement offer has been made.

I've emailed my lawyer from the class-action against Chase. Let's see what he has to say.

 

[dgpcolorado]

...Do those who opt out still have the 5yr/60k mile capacity warranty? That still confuses me. If the warranty is good regardless, why be a part of this settlement?

I received the capacity warranty letter months ago, complete with a sticker for my warranty booklet (same letter as the P3227 update). It is not affected by this lawsuit.

 

[KillaWhat]

I was promised a 100 mile car; I was sold a 70 mile car, and now I'm driving a 50 mile car after 10K miles.

My 24k mile 2011 is at 8 bars and still goes over 50 highway miles so I'm guessing you are exaggerating a bit.

OK, I read your comment.

I have read enough of your stuff to respect you, and realized I was basing my 50 mile range number on a "feeling" rather than data.

So I threw my OEM Ecopias back on at 44PSI (no TPI sensors in them, hence the tire warning shown in the Picture).

I live along the Delaware River. Altitude above sea level is about 10', terrain is flat, and it was 67F (so no Heat and next to no AC)

Started at Full L2 overnight charge (settled) of 84%.
Drove like a normal person.
About 70% town driving, and 30% 60MPH highway. Eco mode the whole time.

51.2 miles before LBW.
I went 57.1 Miles to before VLB.

(And I still have all my "Bars" showing)

So while my car did not wind up on the side of the road waiting for AAA at 50 Miles, it will in a couple months when it gets to be 40F or worse outside, and that's if I don't run my heat.

I know not to place any stock in that stupid GOM, but when I got this car 10K miles ago, it would say 129 when I fully charged. Now it says 80. It's just depressing.

I ordered this thing on day 1. Waited almost 2 years for delivery because I apparently don't live in the right State.
I wish I felt like Nissan and I were in this together; on a road to the future; partners.
But I feel deceived, and worse, abandoned.

I'm going to Opt-out, and in my letter, Object and tell them why.
Still counts as an opt-out, but I get to tell them why for whatever its worth.

 

[Vuman]

KillaWhat,

The notice letter that you recieved is a summary from the plaintiffs lawyer. If you clink on http://www.nissanleafsettlement.com" onclick="window.open(this.href);return false; you can see the actual court settlement document. There are actually 10 requirements to opt-out, although only 7 are listed in the notice that we received from the lawyers. They convenietly left out #7 where you have to list a specific and clear reason you object to the settlement.

This is copied from the actual court document:

REQUESTS FOR EXCLUSION FROM THE SETTLEMENT CLASS
10. To request exclusion from the Settlement Class, a Settlement Class
Member must mail to the Settlement Administrator an appropriate written request
for exclusion, which request must be actually received by the Settlement
Administrator no later than 21 days prior to the Fairness Hearing Date (the “Opt-
Out Date”) at the following address: [Address to be designated by Settlement
Administrator]. A Settlement Class Member wishing to exclude himself/herself
from the Settlement must send to the Settlement Administrator a signed letter
including (1) the name of the lawsuit; (2) his/her full name, current address and
telephone number; (3) the model year and make of his or her vehicle(s) and
approximate date(s) of purchase or lease; (4) whether the Settlement Class
Member still owns or leases the vehicle(s); (5) the VIN number of the vehicle(s);
(6) current odometer mileage of the vehicle(s) currently owned or leased; (7) a
specific and clear statement of the Settlement Class Member’s reasons for
objecting to the Settlement, including the factual and legal grounds for his or her
position; (8) a detailed list of any other objections to any class action settlements
submitted to any court, whether State, Federal, or otherwise, in the United States
in the previous five years;(9) whether the Settlement Class Member intends to
appear at the Fairness Hearing and whether the Settlement Class Member will be
represented by separate counsel; and (10) a list of all persons, if any, who will be
called to testify in support of the objection. The request must be personally signed
by or on behalf of the Settlement Class Member requesting exclusion, and shall
not be effective unless it is made in the manner and within the time set forth in this
paragraph. No Settlement Class Member, or any person acting on behalf or in
concert or participation with that Settlement Class Member, may request the
exclusion of any other Settlement Class Member from the Settlement Class.

Here's the link to the actual settlement document: http://www.nissanleafsettlement.com/Documents/NNK0001/NNK%20-%20Executed%20Preliminary%20Approval%20Order.pdf" onclick="window.open(this.href);return false;
Line 16, item 10 of page 4 (or page 5 of the PDF) covers opting-out.

 

[KillaWhat]

Good Catch!

It seems amazing to me how much trouble I am going to have to go to, and with such precision, to stop someone else for settling on my behalf?

But boy, are they going to hear my reasons.
(not that "Cause who do you think you are?" or "I don't want to!" should be sufficient)

I'll post my letter here when I get it finished.
I'll keep it civil, since its a civil action. :roll: :roll: :roll:
HA!! I crack myself up!

 

[Stoaty]

The notice letter that you received is a summary from the plaintiffs lawyer. If you clink on http://www.nissanleafsettlement.com" onclick="window.open(this.href);return false; you can see the actual court settlement document. There are actually 10 requirements to opt-out, although only 7 are listed in the notice that we received from the lawyers. They conveniently left out #7 where you have to list a specific and clear reason you object to the settlement.

Are you suggesting that if we follow the instructions sent by the plaintiffs attorney about how to opt out, our letter won't meet the necessary requirements and our opt-out won't be allowed? How would that benefit the plaintiffs attorney?

 

[Vuman]

The notice letter that you received is a summary from the plaintiffs lawyer. If you clink on http://www.nissanleafsettlement.com" onclick="window.open(this.href);return false; you can see the actual court settlement document. There are actually 10 requirements to opt-out, although only 7 are listed in the notice that we received from the lawyers. They conveniently left out #7 where you have to list a specific and clear reason you object to the settlement.

Are you suggesting that if we follow the instructions sent by the plaintiffs attorney about how to opt out, our letter won't meet the necessary requirements and our opt-out won't be allowed? How would that benefit the plaintiffs attorney?

Plaintiffs lawyer don't want you to opt-out so that the settlement gets approved. Thats why they make it as hard as possible to opt-out. The letter is missing item #4, #7, #8, #9, and #10 in the opt-out requirements in the actual settlement document. I'm not a lawyer here, but if you follow the letter and didn't answer the missing items required in the settlement document, couldn't they say your opt-out letter is deficient and invalid?
Best to just write the opt-out letter as exactly as needed in the court settlement document than to find out later that your opt-out letter was rejected even though you followed what the plaintiffs lawyer sent you.

By the way, #7 was most-likely left out by the plaintiffs lawyer to suppress our voices and opinions to the Judge and court our feelings about this settlement.

 

[Stoaty]

Plaintiffs lawyer don't want you to opt-out so that the settlement gets approved. Thats why they make it as hard as possible to opt-out.

Of course. Perhaps you didn't notice me winking?

 

[Vuman]

Plaintiffs lawyer don't want you to opt-out so that the settlement gets approved. Thats why they make it as hard as possible to opt-out.

Of course. Perhaps you didn't notice me winking?

Sorry, missed that one. :lol:

 

[turbo2ltr]

Started at Full L2 overnight charge (settled) of 84%.
Drove like a normal person.
About 70% town driving, and 30% 60MPH highway. Eco mode the whole time.

51.2 miles before LBW.
I went 57.1 Miles to before VLB.

(And I still have all my "Bars" showing)


So while my car did not wind up on the side of the road waiting for AAA at 50 Miles, it will in a couple months when it gets to be 40F or worse outside, and that's if I don't run my heat.

Weird. The other day I did a 60.5 mile trip with some A/C, 60% highway at ~60-63mph, and was still above the VLBW (but I did hit the LBW).

 

[voltswagon]

(2 ) [name]
[address]

[date]

Nissan Leaf Settlement Administrator
P.O. Box 43191
Providence, RI 02940-3191

(1) Re: Humberto Daniel Klee and David Wallak, individually, and on behalf of a class of similarly situated individuals v. Nissan North America, Inc., Civil Action CV 12-08238.

(7) I do not wish to be a Settlement Class Member and want to be excluded from the Klee & Wallak Settlement. My reason for wanting to be excluded from this settlement is that the settlement does not address the misrepresentations of Nissan North America as to the real-world driving range of the vehicle when Nissan’s charging guidance to 80%, and the loss of battery capacity over the life of the battery are considered. The manufacturer openly represented an operating range of 100 miles for the 2011 Nissan Leaf while obscuring their recommendations to 80% battery charging. Second, the 100 mile range claims were not tempered by the expected average range of the vehicle to 70% original capacity at 10 years of operation. Considering these factors together gives that vehicle a practical range of 55 miles over the usable life of the vehicle. Real world experience has also shown that a reduction to 70% of original charge capacity can onset much sooner than 10 years of use. The operational range difference between the advertised 100 miles and real world experience represents material damage to each of the class participants regardless of their current range capacity or their expected charge capacity at 5 years / 60,000 miles. This damage is not addressed in this settlement. Furthermore, driving a Nissan Leaf until it identifies only 8-capacity bars ignores the impracticality of using a vehicle that has already sustained 2 or 3 bars of capacity loss. The degradation at 9-bars of is severe enough to render the car impracticle for most drivers to continue to operate.

(8) I have made no other objections against any class actions lawsuits in the previous 5 years
(9) I will not appear at the Fairness hearing; I will not be represented by other counsel
(10) No persons will be called upon by me in support of my objections

(2) [name] [phone number]
[address]

(3) [vehicle year and model #]
(5) VIN: [VIN number]
(6) Mileage: [mileage]
(4) Purchased: [approximate purchase date]. [whether vehicle is owned or leased]


[signature]

 

[Vuman]

VW, Thank you. Great short synopsis.

My #7: My reason for wanting to be excluded from this settlement is that when I first brought my Leaf in December of 2012 here in Phoenix, Nissan had advertised in ads on television, paper ads and by their salesmen as a car with 100 mile range and their battery "will degradation only about 30 percent in 10 years". It is now 9 months and 14,800 miles later, I am already down to 10 bars, which is about a 21% degradation. By next sumner, I will be well above 30% degradation in just 2 years. This clearly is well below expectations of what Nissan was hoping the battery will perform in hot weather climate. This clearly indicates a poorly designed battery. This warranty, at best, only guarantees me a replacement of my current battery with the same poorly designed battery that will degrade 30% within 2 years again. In a worst case scenario, at the end of the 5yr or 60,000 mile warranty, Nissan is only obligated to restore my battery to 9 bars or about 70% capacity. This is 5 years short of the 10 years 30% degradation that Nissan was promoting early on. Considering that my battery has already degraded over 20 percent in just 9 short months, my battery will be under 50 percent by year 6, leaving me with less than 50 mile range. By year 10, my little boy should be old enough to push me in my Leaf around the drive-way.

I also object the actions of the Plaintiffs Counsel as I feel that they are not acting in the best interests of all the Class Members. In fact, I feel that proceeding with this Class Action is harmful to most 2011/12 Leaf owners. There is no longer a need to proceed any further with this lawsuit because Nissan has already given all Leaf owners the 5yr/60,000 mile battery warranty in June of this year. The only parties to benefit from this case going forward are: Nissan, who will be "released" from future lawsuits in regards to the battery degradation issue and an obligation to provide a better solution, and the Plaintiffs Counsel who will be compensated 1.9 million dollars. The only party that will suffer will be the Class as they will lose their right to hold Nissan more accountable for producing such a poorly designed battery. This 5yr/60,000 mile battery warranty will be insufficient for me by year 6 or 7 compared to what Nissan and local dealers were promoting early on about the battery degrading only 30 percent in 10 years.
----------
Guys, my letter to the State Attorneys in Arizona and California will be very similar to the above except its going to have a lot stronger language on Nissan and those lawyers who are failing in the fiduciary duty to protect the class for their own benefit. Again I urge you all to also write to your State Attorney and California's State Attorney as well.

 

[toasty]

i will also opt out