I've decided. I'm opting out baby! 
Nissan Reaches Settlement in Defective LEAF Battery Class Ac
- Thread starter atlleaf
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TomT
Well-known member
If I ever actually receive my form, I believe I will do likewise...
mwalsh said:I've decided. I'm opting out baby!
kubel
Well-known member
I'll probably be opting out as well. The car will be warrantied no matter what you do. The question is whether you want to block yourself from any legal action or not.
TimLee
Well-known member
Who is organizing the "opt outers" Class Action lawsuit?
If it has +100 participants prior to the closing of the first Class Action lawsuit, it might hold up or stop the first one?
If it has +100 participants prior to the closing of the first Class Action lawsuit, it might hold up or stop the first one?
TimLee
Well-known member
Duplicate deleted.
TimLee said:
Well, let's do that right here.
BTW, the duplicate post...so long as nobody else had replied to the thread, you could have deleted it. Whoops...too late now.
Vuman
Well-known member
I talked to News 12 here in Phoenix in hopes of them turning some public light to our issues, but they said they don't get involved with lawsuits. They recommended contacting a lawyer. They did however mention a very good idea, which is to contact your State Attorney's Office and file a complaint. I will do that here in Arizona. The more people that file complaints, the more likely the State Attorney Office will take up an issue. So file a complaint with your State Attorney. Here in Arizona and most states, there are lemon laws that may apply to this case. Plus State Attorney has more pull with a Judge to stop a Class Action. I can type a letter and put it up here for you all to critique and amend as needed for a template letter that you can send to your State Attorney's office. This lawsuit is in US District Court for the Central District of California, so all you in Cali, write to your State Attorney. In fact, everyone should write one to their state and one to California, can't hurt.
TonyWilliams
Well-known member
What do you folks actually hope could be the outcome of opting out, sueing, complaining, etc?
Nissan and the attorneys have played every LEAF owner like a fiddle, and the same will happen with any future legal action.
After this already successful class action, your chances of getting anything is near zero. Don't worry, the lawyers will do just fine. So will Nissan.
Nissan and the attorneys have played every LEAF owner like a fiddle, and the same will happen with any future legal action.
After this already successful class action, your chances of getting anything is near zero. Don't worry, the lawyers will do just fine. So will Nissan.
Vuman
Well-known member
TonyWilliams said:
Tony, you don't have to do anything if you don't want. I on the other hand would like to stop this lawsuit if I can, if only so that these lawyers will not get a dime. I also think this lawsuit is harmful to most Leaf owners as has been stated above. People should opt-out simply because Nissan already has given us this warranty. After opting-out each one of us has options to do whatever we want to do afterwards, whether they want to negotiate directly with Nissan, file their own lawsuits, join a better class action lawsuit, or in your case, to just do nothing. Not opting-out, you lose all options.
JimSouCal
Well-known member
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- Feb 8, 2011
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You may indeed be correct, but at cursory glance, as portrayed by others here, is the law firm involved in the class action MAY HAVE BREACHED THEIR FIDUCIARY DUTY IN FAILING TO TAKE REASONABLE STEPS IN LOOKING OUT FOR THE BEST INTERESTS OF THE CLASS THEY CLAIM TO REPRESENT AS A WHOLE, AND AND MAY BE GUILTY OF SELF DEALING.TonyWilliams said:
The self dealing part is taking a fee of almost $2 Million and not doing due diligence to represent the class. I, for one, don't feel like they represented me faithfully, but maybe I just don't understand...?
Notice that I use the specific work "may" as I don't know as much as most folks active on this board. I do listen when they indicate that the lawyers acted on my behalf such that they agreed to settle future yet to be known or understood events as they relate to the battery in the car I bought and own. That said, there should have had some type of clause that protected my interest, as it pertains to future battery events, and seemingly failed to do so...
I am not a lawyer, but I bet there are a few on this board who might have a good idea what is really going in here more so than I do...
uwskier20
Well-known member
There must be an attorney in this group, somewhere, who can provide some insight into this, and bring their experience as a LEAF owner to the table along with their legal background.JimSouCal said:
Valdemar
Well-known member
uwskier20 said:
Have you ever seen a lawyer driving a Leaf? :lol:
surfingslovak
Well-known member
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- Jun 13, 2011
- Messages
- 3,809
uwskier20 said:
There is. Several, actually. Whether they would like to get involved in this is another matter.
What about staying in the class but objecting en-masse? If enough of us do so, I'll bet the settlement couldn't go through. Hell, if we could get the named plaintiffs to object (and it appears at least one of them is having second thoughts) I'm pretty sure it couldn't.
uwskier20
Well-known member
Yeah, I understand that. I wasn't saying we'd retain one of them, but their insight into this might be useful. I'd like some assurance that my warranty would remain intact if I opt out. Were that the case, opting out would be a no-brainer, since it allows us more legal maneuverability down the road.surfingslovak said:
How large is the class? I wonder what proportion of us would be necessary to have an impact on the existing settlement proposal.mwalsh said:
Vuman
Well-known member
mwalsh said:
Opting out is objecting. I would also write to the court your reason. These greedy lawyers left out that option so that you wouldn't want to opt-out. I may be wrong here, but you should be able to write to judge or court why you object to this settlement and opting-out, and why you feel these lawyers are failing in their fiduciary duty to looking out for the best interests of the class to line their own pockets.
Thanks JimSou for the proper wording of our anger at these low-life lawyers. Most class actions at least benefit the class, even if only a few bucks, but this lawsuit is downright harmful to us and benefits Nissan. Guess you could look at it as these lawyers are working for Nissan to craft the best outcome for them to get paid 1.9 mil.
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.
uwskier20
Well-known member
mwalsh said:
+1
If I were to opt out, I would like very much to explain my rationale.
Vuman
Well-known member
No way that Nissan extend the battery warranty and then suddenly take it away because we opt-out. That would be breaking laws here and be criminal. It will bring a whole new set of lawsuits where they will not only be held responsible for the battery but financially fined also.
Besides, this warranty sucks any way. This warranty will not affect most mild-climate drivers as they will not hit 8 bars in the given time. For hot climate drivers like me, at best, its replacing a bad product(the battery) with the same battery. Remember, at the beginning, they were promoting about 30 percent degradation at 10 years.
If Nissan had stepped up to the plate, here is what they should have done. They should have acknowledged that they produced a battery that did not preform up to their expectation and offer an extended warranty on the battery for 8yrs/100,000 miles to replace the pack if it falls under 9 bars. Nissan would then work on a better battery, of which they are doing, and offer that battery as replacement to any cars that hit 8 bars in 8yrs/100,000mi. Nissan would then establish a fair and reasonable price for this new battery so that any one who did not get this new battery by triggering the warranty could pay for it themselves instead of this battery rental crap. $100/month for 8 years is $9600.
(By the way, 8yrs/100,000mi is the current warranty on the electrical system under which the battery was warranteed)
Besides, this warranty sucks any way. This warranty will not affect most mild-climate drivers as they will not hit 8 bars in the given time. For hot climate drivers like me, at best, its replacing a bad product(the battery) with the same battery. Remember, at the beginning, they were promoting about 30 percent degradation at 10 years.
If Nissan had stepped up to the plate, here is what they should have done. They should have acknowledged that they produced a battery that did not preform up to their expectation and offer an extended warranty on the battery for 8yrs/100,000 miles to replace the pack if it falls under 9 bars. Nissan would then work on a better battery, of which they are doing, and offer that battery as replacement to any cars that hit 8 bars in 8yrs/100,000mi. Nissan would then establish a fair and reasonable price for this new battery so that any one who did not get this new battery by triggering the warranty could pay for it themselves instead of this battery rental crap. $100/month for 8 years is $9600.
(By the way, 8yrs/100,000mi is the current warranty on the electrical system under which the battery was warranteed)
Spindoctor
Active member
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;
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;
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