Class Action Lawsuit for Rod Bearing issue, LETS FINALLY DO THIS

[PandaM3]

So does this mean I might be able to get reimbursed for replacing my rod bearings if they show premature wear?

I didn't have catastrophic engine failure but I replaced my rod bearings preventatively... No bad blackstone reports, no ticking noises... Just preventative at 74,000 miles and they where worn to the copper layer

[gobuffs]

So the lawyers are going to get $10M and everybody covered will get $100 towards a new BMW. Sounds like a fantastic deal. Sign me up. *rolls eyes*. The only thing a class action suit does is makes lawyers rich. This "firm" and I use that term loosely, can't even figure out that the speedo and the odometer don't correlate. BMW speedos read high, always have. In fact there is a formula as to how high it can read- actual mph * 10% + 2.4mph. Odometer is dead nuts accurate. First linked class action idea is already blown up.

[whats77inaname]

Originally Posted by gobuffs

So the lawyers are going to get $10M and everybody covered will get $100 towards a new BMW. Sounds like a fantastic deal. Sign me up. *rolls eyes*. The only thing a class action suit does is makes lawyers rich. This "firm" and I use that term loosely, can't even figure out that the speedo and the odometer don't correlate. BMW speedos read high, always have. In fact there is a formula as to how high it can read- actual mph * 10% + 2.4mph. Odometer is dead nuts accurate. First linked class action idea is already blown up.

I have on good authority that there are actually 3 class action firms working together on this, and this firm is just one of them. And given the fact that this is the first sliver of hope we have seen regarding litigation, I'd say, what do we have to lose?

[slo_guy]

Originally Posted by gobuffs

So the lawyers are going to get $10M and everybody covered will get $100 towards a new BMW. Sounds like a fantastic deal. Sign me up. *rolls eyes*. The only thing a class action suit does is makes lawyers rich. This "firm" and I use that term loosely, can't even figure out that the speedo and the odometer don't correlate. BMW speedos read high, always have. In fact there is a formula as to how high it can read- actual mph * 10% + 2.4mph. Odometer is dead nuts accurate. First linked class action idea is already blown up.

Ok agreed that they get the bulk of the reward. But isn't this the case of something is better than nothing for doing nothing?

I've participated in a class action lawsuit in the past and all I did was sign on the dotted line and sit and wait for a check.

[admranger]

Originally Posted by slo_guy

Ok agreed that they get the bulk of the reward. But isn't this the case of something is better than nothing for doing nothing?

I've participated in a class action lawsuit in the past and all I did was sign on the dotted line and sit and wait for a check.

Me too. Got a check that covered the costs that I incurred so I was a happy camper.

As for how much the lawyers get, BMW can avoid all that by simply doing the right thing and covering the motor for 100k miles like they did with the S54 and the Nikasil engines before that (E34 V-8s, yeah, I've had one of each of the E34 V-8, S54, and now S65 -- I can pick 'em ).

[m3aviator]

GM didn't replace a .14 cent ignition module part "was cheaper to pay the litigation." People died and they still battled in court.

By the time this class action settles you won't own your e9x m3 anymore.

BMW is well aware of this issue there are some extremely intelligent engineers working there.

[dmppdx]

So realistically, how is the burden of proof going to be shown that is needed for a class action lawsuit to be successful? I know there are a lot of people on this board who feel that it is a proven fact the bearings aren't designed correctly, but at this point it is far from being proven to the point where it meets the legal standard since it requires the plaintiff showing the "preponderance of the evidence".

There really needs to be some hard facts on why the bearing aren't designed correctly and but a bunch of armchair mechanics on the internet with only a bunch of theories are not going to have a fraction as much credibility as a team of Engineering PHDs with endless amount of models and calculation on why the bearings were designed correctly.

I'm sure a lot of people think the number of engine failures in itself is sufficient to say there is an issue, but realistically, what percentage of engines have failed? There was something like 70k of the E9x produced and at this point, it seems like the number of failures would be 1-2% max. BMW's defense will be that at least 1-2% of failures isn't that high considered the type of car and people who buy them and how they are used. They will also say that at least 1-2% of the people who buy them are dipshits that abuse their cars by not letting them warm up or driving them inappropriately, so a 1-2% failure rate isn't bad. Hell, all they need to do to prove there are a decent number of morons driving M3s is look at youtube and that will prove their point.

Sorry, but I don't see how the burden of proof for a class action lawsuit can be met and given that is would likely cost BMW $100-200 million to do a real recall, I can't see them rolling over on this without a fight.

[admranger]

Don't forget that it'll be in front of a jury made up not of engineers or car guys, but regular people...anything is possible.

[FogCityM3]

Fact of the matter is that engines seizing due to bearing failures is a public safety issue. Think of examples with Audi and Toyota where much more tenuous evidence was used against both companies which ended up in significant financial impacts for both companies. Here you have bearing failures, that if they are all logged into the NHTSA database, may get regulatory attention. Luckily no lives have been lost due to this issue, but it doesn't mean that a real safety issue doesn't exist. Beyond just the monetary cost of this and whether lawyers have a certain take or not may all be worth it if even one death is prevented.

Originally Posted by dmppdx

So realistically, how is the burden of proof going to be shown that is needed for a class action lawsuit to be successful? I know there are a lot of people on this board who feel that it is a proven fact the bearings aren't designed correctly, but at this point it is far from being proven to the point where it meets the legal standard since it requires the plaintiff showing the "preponderance of the evidence".

There really needs to be some hard facts on why the bearing aren't designed correctly and but a bunch of armchair mechanics on the internet with only a bunch of theories are not going to have a fraction as much credibility as a team of Engineering PHDs with endless amount of models and calculation on why the bearings were designed correctly.

I'm sure a lot of people think the number of engine failures in itself is sufficient to say there is an issue, but realistically, what percentage of engines have failed? There was something like 70k of the E9x produced and at this point, it seems like the number of failures would be 1-2% max. BMW's defense will be that at least 1-2% of failures isn't that high considered the type of car and people who buy them and how they are used. They will also say that at least 1-2% of the people who buy them are dipshits that abuse their cars by not letting them warm up or driving them inappropriately, so a 1-2% failure rate isn't bad. Hell, all they need to do to prove there are a decent number of morons driving M3s is look at youtube and that will prove their point.

Sorry, but I don't see how the burden of proof for a class action lawsuit can be met and given that is would likely cost BMW $100-200 million to do a real recall, I can't see them rolling over on this without a fight.

[dmppdx]

Originally Posted by FogCityM3

Fact of the matter is that engines seizing due to bearing failures is a public safety issue. Think of examples with Audi and Toyota where much more tenuous evidence was used against both companies which ended up in significant financial impacts for both companies. Here you have bearing failures, that if they are all logged into the NHTSA database, may get regulatory attention. Luckily no lives have been lost due to this issue, but it doesn't mean that a real safety issue doesn't exist. Beyond just the monetary cost of this and whether lawyers have a certain take or not may all be worth it if even one death is prevented.

Since no one has died, it's really not supporting the fact its more than a very minor public safety risk and even they had, engines seizing hasn't conclusively proven to be BMW fault, so you couldn't tie any danger to public safety on them at this point anyway, so its irrelevant in a class action lawsuit.

[JPH704]

Originally Posted by JEllis

Came across this

http://www.chimicles.com/bmw-m3-engi...action-lawsuit

Nice!

I know of two locals that would have benefited from this. If someone took the time to compile all the misc threads from years ago, the numbers would be very very high. Even the documented cases so far are rather high.

[///MTex]

I've submitted my case to the firm. I don't know how this works, but I figure they are more likely to consider going forward with a lawsuit if they have sufficient participants.

[FogCityM3]

What I'm saying is enough people log their bearing failures into the NHTSA database, regardless if anyone has died, a public safety issue may potentially exist, this is what the NHTSA is tasked with. Seizing engines, no matter what make/model is an issue and there may be deaths regarding the same issue but different manufacturer. Point being that if you get a regulatory agency looking into the matter, it may catalyze BMW into doing something without filing a class action lawsuit. The more pressure points on BMW, the better.

Originally Posted by dmppdx

Since no one has died, it's really not supporting the fact its more than a very minor public safety risk and even they had, engines seizing hasn't conclusively proven to be BMW fault, so you couldn't tie any danger to public safety on them at this point anyway, so its irrelevant in a class action lawsuit.

[oolas3]

Originally Posted by FogCityM3

What I'm saying is enough people log their bearing failures into the NHTSA database, regardless if anyone has died, a public safety issue may potentially exist, this is what the NHTSA is tasked with. Seizing engines, no matter what make/model is an issue and there may be deaths regarding the same issue but different manufacturer. Point being that if you get a regulatory agency looking into the matter, it may catalyze BMW into doing something without filing a class action lawsuit. The more pressure points on BMW, the better.

+1. Especially true in the current regulatory climate.

[HapaM3]

Since I paid a lot of money to BMW to replace my engine, I am in to get some of it back.

[Zzhou]

I'm in. I just been told today by BMW NA that they going to void my warranty.

[Ezio]

Originally Posted by Zzhou

I'm in. I just been told today by BMW NA that they going to void my warranty.

Why?, can't tease us like that.

[squartus]

He had an aftermarket tune.

[Zzhou]

Originally Posted by Ezio

Why?, can't tease us like that.

check my thread.

[JPH704]

Originally Posted by HapaM3

Since I paid a lot of money to BMW to replace my engine, I am in to get some of it back.

good luck!

[whats77inaname]

BMW filed a motion to dismiss the class action pending in New Jersey for the rod-bearing issue in the E9x M3. Their primary argument was that the class action can't proceed as a national class without a class representative from New Jersey. (The only rep so far is from California.)

As such, the law firm handling the suit is hoping to speak with anyone from New Jersey who has had rod-bearing issues with their E9x M3.

Link: http://lawgsp.com/important-update/

So, if we have anyone in NJ that has experienced rod bearing failure, it'd be awesome, for the sake of the community, if you reached out to the firm handling this.

[rsr552]

Bump for this ^