The automaker this year settled a class-action lawsuit brought against it and several former executives by U.S. shareholders who claimed they were misled about Ghosn’s compensation. Backers of Ghosn and Kelly say Nissan moved to settle only after defense teams requested discovery disclosure of embarrassing documents that might support their innocence.
After settling that case for $36 million, Nissan in June lumped those costs onto the damages it is seeking from Ghosn and Kelly in Yokohama civil court.
The increase amounts to $18 million apiece, plus $4 million each for legal expenses. Ghosn was hit with an additional claim to cover Nissan’s penalty from Japan’s Financial Services Agency.
In court this week, Kelly’s lawyers blasted Nissan’s move to add the settlement costs.
“It just does not make sense at all because the company decided to pay out of its own volition,”said Yoichi Kitamura, Kelly’s lead attorney. “Their explanation for linking the increased amount to this case was not sufficient. So we have asked them to dismiss that change.”