02/27/24 | Motions to Dismiss Denied in Part
On Feb. 27, 2024, U.S. District Judge Aleta A. Trauger denied in part the motions to dismiss filed by Nissan America Inc. and Cummins Inc., allowing the case to continue with several claims for breach of implied warranty, unjust enrichment and multistate fraudulent omission. Hagens Berman attorneys continue to fight for the consumer rights of Nissan truck owners nationwide. Read the order »
Own a diesel 2016-2019 Nissan Titan XD with a Bosch CP4 fuel pump? Have you had to replace your truck’s fuel pump or Cummins engine?
A defect can cause metal shavings to leak into your vehicle’s engine, leading to engine failure and costly repair bills. You may be entitled to reimbursement. Fill out the form to find out your rights »
WHAT’S THE ISSUE?
Hagens Berman has filed a lawsuit regarding a defect in 2016-2019 Nissan Titan XD diesel trucks that can allegedly cause sudden, unexpected shutoff of the vehicle’s engine while it is in motion and potential engine failure. According to the complaint, the defect has been linked to more than 432,000 trucks with a Bosch CP4 fuel pump and Cummins diesel engine. Catastrophic engine failure can allegedly occur as early as mile one. Catastrophic engine failure can occur as early as mile one.
AFFECTED VEHICLES
- 2016-2019 Nissan Titan XD equipped with a 5.0-liter Cummins diesel engine
FUEL INJECTION PUMP DEFECT EXPLAINED
According to the complaint, tens of thousands of Nissan diesel trucks are installed with the defective Bosch CP4 high-pressure fuel injection fuel pump. The defective fuel pump can allegedly fail suddenly without warning, causing a total fuel system failure and consequential engine failure, resulting in an expensive repair bill. More than 432,000 vehicles equipped with the CP4 pump have been subject to recall, with reports referring to the pump as a ticking “time bomb.” According to the complaint, catastrophic failure can occur as early as mile one, and repair costs for engine failure caused by the defect can run upwards of $10,000.
Plaintiffs say Nissan refuses to fix the trucks under warranty. Additionally, according the lawsuit, because the defect is triggered by the use of U.S. diesel, repairs to the fuel pump or engine are unsuccessful as long as the vehicle is being filled with the same fuel.
ABOUT THE DEFECTIVE NISSAN CP4 PUMP
According to the complaint, the CP4 pump was not designed to withstand U.S. diesel fuel specifications, but was designed and built to the specifications of European diesel, which has more lubricous fuel. When used with U.S. diesel, parts of the CP4 fuel injector can allegedly wear against one another and generate metal shavings that contaminate the fuel system. According to the lawsuit, the metal shavings eventually cause the fuel injectors to become blocked, causing a full engine shutdown with no ability to restart. Repairs can cost at least $10,000, but according to attorneys, are ultimately futile, because it will not actually fix the fuel-related issue.
WHAT NISSAN MAY HAVE KNOWN ABOUT THE CP4 DEFECT
Our legal team believes Nissan was aware that the fuel injection pump was not designed to function effectively with American diesel fuel, knowingly selling tens of thousands of defective vehicles to its customers. According to attorneys, the CP4 pump’s defective design has been known within the automotive industry for at least a decade. Plaintiffs say this flaw was nonetheless disregarded in the design, manufacture, marketing, sales and leases of Cummins-equipped Nissan Titan XD diesel trucks.
PLAINTIFFS CLAIM NISSAN ATTEMPTED TO BLAME CONSUMERS
According to the complaint, immediately after the Titan XD hit the market, Nissan issued a Technical Service Bulletin directing dealer service technicians that CP4 fuel pump failures associated with what they called “[fuel] contamination,” were not covered by Nissan’s vehicle warranty. Nissan allegedly told technicians that it was the vehicle owner’s responsibility to ensure they were filling their tanks with “appropriate fluid/fuel.”
YOUR RIGHTS AS A VEHICLE OWNER
Hagens Berman believes that consumers have the right to replacement costs of vehicle parts and deserve answers. Consumers shouldn't have to suffer defective vehicles. Owners deserve safety and peace of mind.
HOW CAN A CLASS-ACTION LAWSUIT HELP?
Through a class-action lawsuit, individual consumers can collectively bring claims against large corporations that would otherwise have the upper hand, like Nissan. A class-action lawsuit seeks to level the playing field, placing consumers on an even footing with corporations and other powerful institutions. Though these measures do not bring immediate relief, they are a time-tested method of holding companies accountable for alleged wrongdoing, including alleged failure to sell safe and reliable vehicles.
TOP AUTO LITIGATION FIRM
Hagens Berman is already pursuing lawsuits regarding the use of the defective CP4 fuel pump against GM, Ford and Fiat Chrysler. Hagens Berman is one of the nation’s leading automotive law firms and has secured more than $21 billion in settlement benefits for vehicle owners impacted by defects and other automotive issues. Your claim will be handled by attorneys experienced in automotive consumer law.
NO COST TO YOU
In no case will any class member be asked to pay any out-of-pocket sum. In the event Hagens Berman or any other firm obtains a settlement that provides benefits to class members, the court will decide a reasonable fee to be awarded to the legal team for the class.
