Judges Weigh Commonality Factor In Nissan Shattering Roof Case

Judges at the Ninth Circuit during oral arguments Monday probed whether drivers could show a common defect in their class action alleging Nissan North America Inc. failed to disclose certain vehicles with panoramic sunroofs were prone to spontaneous shattering.

Judge Gabriel P. Sanchez, of the US Court of Appeals for the Ninth Circuit, asked whether a small percentage of people experiencing the alleged defect allows the court to question whether there is a common defect that most consumers have faced. Nissan is asking the appeals court to reverse class certification.

Matthew Wessler, of Gupta Wessler LLP and representing the ...