Several comments and questions that I'm replying to:
"Edit: 40 miles seems to be too low for a recent 4 bar loss. What speed are you driving at, and do you have any significant climbs on your commute?"
I drive between 65 - 70 MPH. On an incline on the 15S/15N, near Scripps Ranch I got as low as 55MPH and as high as 70MPH going down the hill near the Escondido Mall. These are not huge elevation changes in my opinion, and don't go on for long. My commute is from San Marcos, Twin Oaks Valley Parkway and Genessee. Maybe check Google Map's for details on the route and elevation.
"You didn't do your homework. The 106 city and 92 highway are (pretty useless) MPGe, NOT city and highway mile ranges! The range rating was 73 miles. See http://blog.caranddriver.com/2011-nissa
" onclick="window.open(this.href);return false; ... -released/ and your original sticker, if you have it still. You can find many more sticker pics via https://www.google.com/webhp?sourceid=c
" onclick="window.open(this.href);return false; ... %20sticker. Confirmation of numbers at https://www.fueleconomy.gov/feg/Find.do
" onclick="window.open(this.href);return false; ... s&id=30979."
When I was sold the car, I was given the wrong Sticker, which I still have. It was for a 2011 QX65 2WD. I received the Leaf Sticker around 3-5 days after I purchased the car. I was mostly going off the marketing information I was previously given. All the documents that I received and other online information was suggesting around 100 miles at the time. I have copies of the marketing pamplets and documents. It also didn't help at the time that the salesman pressured me on of the fact that other people had put their deposits down already and would happily buy the car. Remember, this was back in May 2011.
"From the range chart, (looking at the 60-66% capacity version), if you average 4.3 miles/kWh, you should be able to go 56 miles. Also, see results of viewtopic.php?p=228326, in particular Blue494, that had 8 capacity bars."
I hit 8 bars back in January and I'm now at just over 67,000 miles. I'm guessing that I'm getting closer to 7 bars? I don't have any special tools to measure my current capacity, but before I get off the Highway for my exit to Genessee (see the location information above) I get a Low Battery Warning.
"Aside from the legal fight (which is most likely a loser), I wonder if there might be some hope of qualifying for the 8 year / 100k mile warranty. At some point that defective battery is going to degrade so much as to be completely useless, and that could very well occur before 100k miles. Does anyone have any idea what exactly would trigger that warranty?"
In my Arbritation I argued this exact point. That my battery is defective, and the defect should be covered in the 8 year / 100k mile warranty.
"Anyone thought about a shaming web site filled with stories like the OP?"
I am all for participating in something like this. I'd even be willing to post a video of my commute or anything to help.
"Get a GPS, use mile markers and do a test. If that's true, and if you brought the car to a dealer to document the loss at the 6100 then you actually only drove 59658."
This is interesting to consider. I wonder if its worked for anyone else with warranty's that were about to expire. I'll do some Searches, but let me know if you have any specific cases.
"Have you actually tested your range all the way to ~turtle recently?"
No, I haven't done this but I'm getting close to VLBW at times. Seems like some days I don't get a "full charge", even though it appears to complete charging. I'm guessing I'll be getting to Turtle Mode just in time for Christmas or Easter, based on the rate that I'm at. I'll post more information as I get closer. If I put in the Nav, about going further destinations, I get the ominious message that I won't make it. Its not worth the hassle or risk to me at that point.