Kathy Shaw and Hartwell Steele, individually, and on behalf of other members of the public similarly situated v. Nissan North America Inc.
Published: Dec. 31, 2016 | Result Date: Oct. 31, 2016 | Filing Date: Jan. 1, 1900 |Case number: 2:16-cv-04372-DDP-RAO Bench Decision – Defense
Court
USDC Central
Attorneys
Plaintiff
Jordan L. Lurie
(Pomerantz LLP)
Roland K. Tellis
(Baron & Budd PC)
Payam Shahian
(Strategic Legal Practices APC)
Cody R. Padgett
(Capstone Law APC)
Dara Tabesh
(EcoTech Law Group, PC)
Mark P. Pifko
(Baron & Budd PC)
Defendant
Paul J. Riehle
(Faegre, Drinker, Biddle & Reath LLP)
Facts
Plaintiffs brought a putative nationwide class action against Nissan North America Inc. and Nissan Jidosha Kabushiki d/b/a Nissan Motor Co. Ltd.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that Nissan North America and Nissan Motor Co. operated a RICO enterprise with their supplier BorgWarner Inc. Plaintiffs claimed that the members of the alleged enterprise agreed to conceal defects in various Nissan automobiles relating to the timing chain tensioning system.
DEFENDANTS' CONTENTIONS:
Nissan contended in its motion to dismiss that plaintiffs' complaint did not meet the requirements for pleading a violation of RICO.
Result
The court granted Nissan North America's motion to dismiss without leave to amend and entered judgment in Nissan North America's favor.
Other Information
The court ruled that the allegations failed to demonstrate a common purpose, much less a fraudulent one. The allegations only demonstrated that the parties were associated in a manner directly related to its own primary business activities. The case was dismissed and file closed without an appearance by Nissan Motor Co. Ltd.
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