Form Letter to "Opt Out" of the Nissan Class Action by Oct28

darn.. been out of loop for few months and missed to send this...

The settlement approval hearing was held this morning. The judge has taken the request to approve the settlement under submission. Only one of those filing an objection to the settlement was represented by counsel. His name is Alex Kozinski. An Alex Kozinski [aka "the big Kozinski"] is the Chief Judge of the Ninth Circuit Court of Appeals. He submitted a well-written, colorful, and persuasive objection. Judge Kozinski is also known for writing colorful opinions. LEAF owner Kozinski lives in Rancho Palos Verdes. So does Judge Kozinski. If anyone on this forum attended the hearing this morning, I'd really like to know more about Mr. Kozinski.

^ That's good to hear. From what my lawyer said, even one objection might be enough to put the kibosh to the settlement. Especially if it's well written AND from a Judge!

mwalsh said:

^ That's good to hear. From what my lawyer said, even one objection might be enough to put the kibosh to the settlement. Especially if it's well written AND from a Judge!

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He's not just any judge. He's fairly legendary, both in his own mind, and in legal circles. He is known as a libertarian. He was appointed by Reagan in 1985, when he was just 35, and has written many controversial opinions and dissents. Judging from his use of postings on this forum, he is either a member or a serious lurker. Maybe he'll read this and fill us in on the hearing himself. BTW, his LEAF's name is Pearl.

Here is a link to the objection:

https://www.dropbox.com/s/ks02n77tksftzse/Klee Objection.pdf

Read the entire objection. The part about sanctioning the crooks who claimed to represent the class as a whole was awesome. He takes them apart splinter by splinter.

Well Done! Really Well Done!

We all owe Alex Kozinki. :!:

Really. Thanks!

oakwcj said:

mwalsh said:

^ That's good to hear. From what my lawyer said, even one objection might be enough to put the kibosh to the settlement. Especially if it's well written AND from a Judge!

Click to expand...

He's not just any judge. He's fairly legendary, both in his own mind, and in legal circles. He is known as a libertarian. He was appointed by Reagan in 1985, when he was just 35, and has written many controversial opinions and dissents. Judging from his use of postings on this forum, he is either a member or a serious lurker. Maybe he'll read this and fill us in on the hearing himself. BTW, his LEAF's name is Pearl.

Here is a link to the objection:

https://www.dropbox.com/s/ks02n77tksftzse/Klee Objection.pdf

Click to expand...

WOW :!: :!: :!:
Really impressive objection :shock: :shock: :shock:

that objection and that he did it is hilarious and potent.
the judge has a very interesting history, for anyone who cares to look back at his career.
nice to know that he is a fellow LEAFer.

I failed to mail mine by the deadline, but that objection was great.

A wonderful objection brief, but I suspect that the settlement judge will simply ignore it and rubber stamp the settlement regardless... Judges in settlements such as this are historically and famously lazy...

Alex Kozinki is hereby a permanent member of the MyNissanLEAF order of honor.

Seriously, we're really lucky to have someone respond for us in this fashion. Any of the rest of us would have had to spend money on a lawyer, and a lot of time, to even come close...and I would guess it wouldn't have been done half as well.

TomT said:

A wonderful objection brief, but I suspect that the settlement judge will simply ignore it and rubber stamp the settlement regardless... Judges in settlements such as this are historically and famously lazy...

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I'm sure you have lots of evidence to support your bare assertion. Care to share it? And what exactly are "settlements such as this?" Talk about painting with a broad brush. Even if you were right -- and in my experience you're not -- no judge is going to take lightly an objection from the Chief Judge of her appellate court.

JimSouCal said:

Read the entire objection. The part about sanctioning the crooks who claimed to represent the class as a whole was awesome. He takes them apart splinter by splinter.

Well Done! Really Well Done!

We all owe Alex Kozinki. :!:

Click to expand...

+1.9M

And thanks oakwcj for posting it for us to read

I think most of what he said was pretty clear for a while. Great deal for the lawyers and Nissan, sounds like they got together for a great solution.

"Settlements such as this" is class action lawsuits of this ilk... Take a look at LexisNexis. It is littered with class action lawsuits where there were substantial errors, injustices or travesties... I would love to be proven wrong, but I'll bet that this settlement is approved as is...

oakwcj said:

I'm sure you have lots of evidence to support your bare assertion. Care to share it? And what exactly are "settlements such as this?" Talk about painting with a broad brush. Even if you were right -- and in my experience you're not -- no judge is going to take lightly an objection from the Chief Judge of her appellate court.

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+1

It's almost always the lawyers (on both sides) that are the true winners in a class action...

EVDRIVER said:

I think most of what he said was pretty clear for a while. Great deal for the lawyers and Nissan, sounds like they got together for a great solution.

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EVDRIVER said:

I think most of what he said was pretty clear for a while. Great deal for the lawyers and Nissan, sounds like they got together for a great solution.

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Yes, I agree with you on that point, cleary...


But what Alex did was codify the material, organize the facts in a legal format hierarchy, and submit the objection in a timely and proper fashion. These details matter. And if he was willing to object, there is a solid foundation for an appeal if the judge does not take into account his fact based arguments...

And he will know how to proceed, and will, as he now has "some skin in the game", as they say...

The honorable Judge Kozinski rocks!

mwalsh said:

The honorable Judge Kozinski rocks!

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This made my day. Thank you!

surfingslovak said:

mwalsh said:

The honorable Judge Kozinski rocks!

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This made my day. Thank you!

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Except for misspelling Kozinski, that is. Just noticed.