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Why would a cvt transmission need to be replaced again after 55,000 miles?

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CVT transmission replaced at 86,259 miles and now has to be replaced again at 140,000 miles.  Nissan is saying the trans fluid was over filled by last dealer and may have caused the issue but wants me to pay out of pocket $4,000.  It is a know issue why is there no recall for this safety issue yet?
Vehicle: 2009 nissan Rogue

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