Class action denied

[G80indy]

https://www.carcomplaints.com/news/2...fication.shtml

[IMG]https://www.carcomplaints.com/news/2...fication.shtml[/IMG]

[akkando]

Originally Posted by 330indy

https://www.carcomplaints.com/news/2...fication.shtml

[IMG]https://www.carcomplaints.com/news/2...fication.shtml[/IMG]

don't modify your wheels or tires I guess or your engine could explode.

[Richbot]

If what the article says is true, and one of the lead plaintiff's cars was supercharged, that seems like such a dumb strategic play.

Unless the idea was to see if they could get the class certified under the broadest possible definition, then try again with a narrower one that includes unmodified cars, or cars withoutt engine modifications, or without forced induction, or the like. Multiple certification attempts can be fraught though

Anyway, doubt this is over

[SYT_Shadow]

So someone supercharged their car, had rod bearing failure and tried a class action suit?

This is like the geniuses in the F8X section who use E85 and 600whp, spin the hub crank and then complain 'it's a factory defect'. Yes, very much like what their brains have.

[Richbot]

Oftentimes the attorneys make the final call on who the lead plaintiff is, it's a strategy decision, they sign up a group of people and then pick a few who they think give the overall class the best chance to be as inclusive as possible (everyone from grandma's totally stock E93 who always serviced at BMW to cletus the nitrous huffer has had problems that were due to a poor design, in reality) so that the recovery can be multiplied by a bigger number. So I think I get what they were doing, I'm just a little surprised they bothered with that kind of extreme outlier case when so many totally stock cars failed which is probably the fallback position if they can get a court to let them try again.

There are too many zeros in the individual damages to each member of the class to let this one get away, I think, but the math is pretty hard to predict becasue you still might lose even if you get the class certified. If we were talking about $500 per claimant, and only about 5,000 potential class members, ehhhhh. But $20,000? it doesn't take many class members for that to become attractive.

[pbonsalb]

If I was BMW, I would be making those arguments with respect to plaintiff cars that were raced, modified or exceeded redline. Hopefully the lawyers have more plaintiffs to represent because raced, modified and redline-exceeded cars are in the minority.

[tdott]

I guess judging by those comments they should have picked complete stock cars and original owners. There were a ton of them here prior to 2013ish, but now alot have moved on.

[G80indy]

It's a shame—
how long can they (BMW) replace engines?