Tuesday, July 23, 2013

Nissan dashboard defect

The 8th U.S. Circuit Court of Appeals has allowed a suit alleging dashboard defects in certain Nissan vehicles to stay in Missouri state court because the plaintiff is not seeking enough damages for federal jurisdiction under the Class Action Fairness Act.
CAFA, 28 U.S.C. § 1332, calls for federal jurisdiction in class actions involving more than $5 million in damages claims.
 
Robert Hurst sued Nissan in the Jackson County Circuit Court in 2009, alleging that 2003-2007 Infiniti FX35 and FX45 models had dashboards prone to surface bubbling.  See Westlaw Automotive

No comments: