TimLee
Well-known member
If there had been pre-trial discovery.DaveInAvl said:I dunno... to me that seems like the kind of thing that would come out in pre-trial discovery. Even if the source code itself was considered a trade secret, the behavior of the instrumentation vs. the state of the battery could be compared between the two versions, no?walterbays said:I don't necessarily think that Nissan is deliberately changing the software to ensure that few drivers are eligible for battery replacement regardless of degree of capacity loss. But people will always suspect them of it, and there's no way for drivers or Nissan to conclusively prove in court that the software was or wasn't fudged.
The most valid complaint was lack of discovery.
At least Nissan is entering into mediation with the objectors.
But a real discovery phase seems to be unlikely in my opinion.