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07-31-2017, 02:34 PM | #1893 |
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Class Action Law Suit News
I ran across this:
Law360, New York (July 28, 2017, 4:24 PM EDT) -- BMW must face a proposed class action over an alleged defect that can cause catastrophic engine failure, a New Jersey federal judge said Thursday, finding that the drivers had done enough to show the German automaker should have known about the problem years ago. U.S. District Judge Madeline Cox Arleo said the two named plaintiffs had sufficiently backed up their claims of fraud and violations of California consumer protection laws by pointing to various online posts discussing the alleged defect and providing evidence that the engine... ---------------------- https://www.law360.com/articles/949255 I don't have access to the rest of the article (subscription). But this sounds like good news! Anyone have any other info about this? |
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07-31-2017, 03:04 PM | #1894 |
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BMW's motion to dismiss was denied, so the case goes on. It was filed 2 years ago. These things move slowly. But maybe BMW will settle rather than litigate to the end, and us owners will get a free carwash and the lawyers will get millions.
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07-31-2017, 03:12 PM | #1895 | |
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Fairy tales..
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07-31-2017, 03:32 PM | #1896 | |
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So yeah, they can afford to throw quite a few lawyers at this. |
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07-31-2017, 11:00 PM | #1897 | |
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Thanks.
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Let me get this straight... You are swapping out parts designed by some of the top engineers in the world because some guys sponsored by a company told you it's "better??" But when you ask the same guy about tracking, "oh no, I have a kid now" or "I just detailed my car." or "i just got new tires."
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07-31-2017, 11:12 PM | #1898 | |
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08-01-2017, 01:58 AM | #1899 | |
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Sorry to hear that. We're hoping BMW or some lawyer will notice this and maybe we can get the bearings changed out and blow motors compensated. If you're in Cali, I have a link to info on a lawyer who got BMW to take care of an owner with a blown motor at the bottom of the first post. .
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Let me get this straight... You are swapping out parts designed by some of the top engineers in the world because some guys sponsored by a company told you it's "better??" But when you ask the same guy about tracking, "oh no, I have a kid now" or "I just detailed my car." or "i just got new tires."
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09-02-2017, 02:15 AM | #1900 |
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Just as a reference on quotes for rod bearing replacement. Mine haven't failed yet however i want to replace as a precaution. In Australia the lowest quote ( from a reputable independent mechanic) was $6200. Since the ongoing lawsuit only applies in the U.S. we are sadly out of luck here in Aus, Forced to pay highly inflated prices.
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09-02-2017, 06:25 AM | #1901 | |
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PM me if you're interested in details |
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09-04-2017, 01:50 PM | #1902 | |
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August 28, 2017 — A BMW M3 lawsuit will move forward after a federal judge said the plaintiffs presented enough evidence of possible problems with the S65 engines. The judge said BMW must face claims of violating consumer protection laws and fraud in concealing problems that cause metal debris to mix with the oil, leading to engine failure and a huge expense for owners. The lawsuit was filed after owners complained about BMW M3 S65 engines failing because of metal debris created from the connecting rod bearings. The plaintiffs claim the BMW S65 engines have defects that include a lack of engine lubrication, problems with the clearance between the rods and issues with the bearings. The lawsuit alleges the rotating assembly is a safety risk due to failure of the bearings that can cause the engine to fail while driving at any speed due to the bearings not having enough lubrication. In addition, the steering can allegedly fail because the hydraulic power steering is driven directly by the rotating assembly. One of the owners says his M3 S65 engine started knocking due to the connecting rod bearings and paying $2,000 to replace the engine was the only way to keep the vehicle going. The lawsuit alleges M3 owners complain about noises and knocking coming from the engines, symptoms that BMW dealers said were normal. The plaintiffs claim when the connecting rod bearings and main bearings start to fail, metal debris from the bearings is circulated in the oil throughout the engine. The class-action lawsuit includes former and current owners and lessees of 2008-2013 BMW M3 cars with S65 engines. The lawsuit has been a ping-pong tournament in court as the judge had earlier dismissed certain claims against BMW, but allowed the plaintiffs to amend their complaint. The second amended lawsuit included enough details to convince the judge that BMW should have known about the problems. The judge ruled that complaints posted online about the engine problems don't necessarily mean that BMW knew about the alleged problems. But taking those complaints into considering with other evidence presented by the plaintiffs is enough to indicate BMW should have known about rotating assembly problems when the plaintiffs bought their vehicles.
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09-05-2017, 09:47 AM | #1903 | |
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09-11-2017, 05:20 PM | #1906 |
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Exactly my question as well. I already spent the 3K on the replacement.
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09-11-2017, 07:56 PM | #1908 |
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09-11-2017, 09:11 PM | #1909 |
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09-12-2017, 06:14 AM | #1910 |
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Did the TSB arise out of the lawsuit or predate it? There would have been no need for the lawsuit if BMW was taking full responsibility at the time. My guess is it was not. My 08 535xit has not leaked, but I did remove the flaps in the two rear drains. I found only one front drain but it was plugged with dirt and I cleared it -- need to try to find the other one.
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09-12-2017, 06:15 AM | #1911 |
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If you replaced the bearings preventatively, no chance.
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09-13-2017, 05:27 PM | #1912 |
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Was this not the case with E46 Subframes? IIRC BMW covered predating repairs and reinforcements due to cracks?
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09-14-2017, 06:11 AM | #1913 | |
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Modded cars were not covered, even if done as a repair. Reenforced/preventatively done cars were never covered.
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