oakwcj
Well-known member
The plaintiffs, Nissan, and the objectors -- including Judge Kozinski -- have reached an agreement to amend the original settlement agreement. The agreement still needs to be reduced to writing and submitted to the judge for approval. This should be a mere formality. According to yesterday's [January 8, 2015] filing, the new agreement will have three key provisions:
1. Those qualifying for a battery replacement under the capacity warranty will receive the latest battery chemistry and technology. ["In general, under the amended
agreement, vehicles entitled to a repair under the terms of the Lithium-ion Battery
Capacity Coverage provided by the Settlement Agreement will get a replacement
battery which incorporates ongoing improvements in battery chemistry. "]
2. All class members "will receive 90 days of free access to DC Fast
Chargers (480V) via an EZ-Charge card where available or a $50 check for those
Class Members residing in states where the EZ-Charge card is not available. No
claims procedure will be required to obtain the additional settlement benefits. "
3. Perhaps most importantly for Mike Walsh and other objectors who have been excluded from the capacity warranty because they opted out of the original settlement, "the parties contemplate that all valid opt-outs will be given notice and the opportunity to opt back into the Settlement as modified."
It's not great, especially for those of us who won't have lost four bars within five years, but it's a bit better than the original settlement and it removes the dreaded BT1033 problem.
Mod Edit with updated forms and links:
Updated settlement page:
http://www.nissanleafsettlement.com" onclick="window.open(this.href);return false;
Updated (legal) settlement agreement:
http://www.nissanleafsettlement.com/Doc" onclick="window.open(this.href);return false; ... ecuted.pdf
Opt-in notice:
http://www.nissanleafsettlement.com/Doc" onclick="window.open(this.href);return false; ... onsent.pdf
Opt-in form:
http://www.nissanleafsettlement.com/Doc" onclick="window.open(this.href);return false; ... TJ_web.pdf
1. Those qualifying for a battery replacement under the capacity warranty will receive the latest battery chemistry and technology. ["In general, under the amended
agreement, vehicles entitled to a repair under the terms of the Lithium-ion Battery
Capacity Coverage provided by the Settlement Agreement will get a replacement
battery which incorporates ongoing improvements in battery chemistry. "]
2. All class members "will receive 90 days of free access to DC Fast
Chargers (480V) via an EZ-Charge card where available or a $50 check for those
Class Members residing in states where the EZ-Charge card is not available. No
claims procedure will be required to obtain the additional settlement benefits. "
3. Perhaps most importantly for Mike Walsh and other objectors who have been excluded from the capacity warranty because they opted out of the original settlement, "the parties contemplate that all valid opt-outs will be given notice and the opportunity to opt back into the Settlement as modified."
It's not great, especially for those of us who won't have lost four bars within five years, but it's a bit better than the original settlement and it removes the dreaded BT1033 problem.
Mod Edit with updated forms and links:
Updated settlement page:
http://www.nissanleafsettlement.com" onclick="window.open(this.href);return false;
Updated (legal) settlement agreement:
http://www.nissanleafsettlement.com/Doc" onclick="window.open(this.href);return false; ... ecuted.pdf
Opt-in notice:
http://www.nissanleafsettlement.com/Doc" onclick="window.open(this.href);return false; ... onsent.pdf
Opt-in form:
http://www.nissanleafsettlement.com/Doc" onclick="window.open(this.href);return false; ... TJ_web.pdf
