Rod bearing class action update

[admranger]

Originally Posted by Duk996

I called the lawyers yesterday and had a fairly in depth discussion with them. Looks like they are in the discovery phase which should end after this summer. They have engineers they are consulting and are putting the case together. It should all shake out in the next year (estimate). I have posted the below before but just in case you missed it...give these guys a call and tell them about your experience!


There is no joining it btw, if you own an m3 and the bearing go you're automatically included. No idea what might come of it....extended warranty, the repair costs...nothing...who knows...

The lawyers representing the Class are Paul Scarlato from Goldman Scarlato & Penny, Ben Siminou from Thorsnes Bartolotta McGuire LLP, and Matthew Schelkopf from McCune Wright, LLP. You can reach Paul Scarlato by email at scarlato@lawgsp.com or by phone at 484-342-0700. You can reach Ben Siminou by email at siminou@tbmlawyers.com or by phone at 619-236-9363, and you can reach Matt Schelkopf by email at mds@mccunewright.com.

https://www.lawgsp.com/important-update/

Any chance the main bearing failures will be included?

[Duk996]

Originally Posted by admranger

Any chance the main bearing failures will be included?

I hope so. The suit is regarding the rotating assembly which explicitly calls out the mains too. My engine failed because the mains went.


The case was brought on behalf of California residents and alleges that the S65 motors installed in the M3 contain defective rotating assemblies leading to rod and main bearing failure, and eventually, catastrophic engine failure.

[ItsGary]

Originally Posted by Duk996

I hope so. The suit is regarding the rotating assembly which explicitly calls out the mains too. My engine failed because the mains went.


The case was brought on behalf of California residents and alleges that the S65 motors installed in the M3 contain defective rotating assemblies leading to rod and main bearing failure, and eventually, catastrophic engine failure.

Are we Canadians out of luck for this lawsuit too like all the other ones?

[Duk996]

Originally Posted by ItsGary

Are we Canadians out of luck for this lawsuit too like all the other ones?

I think what's important to remember is that if the suit is successful it should pave the way for easy litigation in places that aren't covered. It's a major negotiating chip with bmw too before you even start talking about court.

Also, even if you're not in the USA give the lawyers a call and explain your issue. They are very nice and you might be surprised how your experience can help the case.

[nmehta211]

Originally Posted by Duk996

I think what's important to remember is that if the suit is successful it should pave the way for easy litigation in places that aren't covered. It's a major negotiating chip with bmw too before you even start talking about court.

Also, even if you're not in the USA give the lawyers a call and explain your issue. They are very nice and you might be surprised how your experience can help the case.

Wonder if they have been in touch with shops that have done a lot of rod bearing replacements, i.e. Autocouture in nj. Should have some interesting insight.

[dmk08]

Originally Posted by Helmsman

As most of us doesn't seem to fancy the idea of investing in next gen F8x, I'm guessing forget it mate.

And a lot of us who did came back because it sucked.

[CjM3]

Any update on this?

[///M Power-Belgium]

Originally Posted by CjM3

Any update on this?

It is/was actually a joke

[Georgeair]

Originally Posted by ///M Power-Belgium

It is/was actually a joke

While you've indicated it's unlikely anything meaningful would come of this, it's a little disingenuous to characterize it as a "joke" when it's an actual legal case that appears to still be active.

[///M Power-Belgium]

Originally Posted by Georgeair

While you've indicated it's unlikely anything meaningful would come of this, it's a little disingenuous to characterize it as a "joke" when it's an actual legal case that appears to still be active.

Here is another one from 2015 => http://www.m3post.com/forums/showthread.php?t=1126924
That's why I'm straight to the point and think both are BS .

But of course , we can hope for let us say...*Something from BMW* While I know for BMW it's only financial speculation that matters .

[SDPLV]

Originally Posted by ///M Power-Belgium

Here is another one from 2015 => http://www.m3post.com/forums/showthread.php?t=1126924
That's why I'm straight to the point and think both are BS .

But of course , we can hope for let us say...*Something from BMW* While I know for BMW it's only financial speculation that matters .

https://www.plainsite.org/dockets/33...ica-llc-et-al/

[SDPLV]

BMW Should've Known Of Alleged Engine Defect, Judge Says

By John Kennedy

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...

[ItsGary]

Originally Posted by SDPLV

BMW Should've Known Of Alleged Engine Defect, Judge Says

By John Kennedy

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...

That the engine what?

[SDPLV]

Originally Posted by ItsGary

That the engine what?

That is to be determined...

[PACarGuy]

Originally Posted by SDPLV

That is to be determined...

http://www.m3post.com/forums/showpos...60&postcount=4

[pbonsalb]

Surviving a motion to dismiss is very different from winning a trial or settling favorably. I hope the discovery yields good evidence and that it is not sealed as trade secrets and instead is made public so we know how many S65 and S85 engine failures BMW has been informed of and how many it has accepted responsibility for.

[xccess]

if you have an engine failure on the S65 for your M3. Can you please help with the case pending. There is a pending class action lawsuit against BMW

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

if your engine failure due to rod bearing problems, either fix by you, BMW or have not fix can you contact

Benjamin Siminou, Esq.
Siminou Appeals
p: (858) 877-4184
e: ben@siminouappeals.com

I like to see this case move forward even know I am not part of this but my engine failure without the warning and BMW refused to acknowledge it is a problems

[TeamBFT]

Sub'd

[///mawana]

Wish rod bearings caused fire!

[Bartledoo]

https://www.m3post.com/forums/showthread.php?t=1521165

Originally Posted by xcusem3

Well they're going to preventatively do them next week.. it did take some back and forth negotiating but my SA agreed to put them through under warranty. Honestly I couldn't be happier with bmw and their extended factory warranty on my m3

Originally Posted by xcusem3

It's the BMW CPO warranty I bought when the car was only a year old.. cost me a little over $4k at the time and it's good until August 2019

I've bought a couple cars from them since but for obvious reasons I've kept my beloved individual edition series e92 m3.. I told my SA that there are a lot of instances out there where guys are replacing their RBs to avoid potential catastrophic engine failure and its easier not want to have to tow the car to your dealership with a blown motor after we've had this chat on record... He spoke with his manager and came back at me and said yes they'll do it under warranty. I guess they've replaced a couple s65's in the past year so they didn't want to take the gamble..

Originally Posted by xcusem3

I bought it with only 7400kms on the clock.. it's been over a year and 18k kms since the check engine light has come after that work was done, it almost all got replaced at the same time, came down to a bad ECU.

Also for anyone interested I just picked the car up from the dealer with brand new rod bearings done fully under warranty. Yes bmw will preventatively do rod bearings!

Originally Posted by xcusem3

I'm located in Calgary, AB and the local dealer has always been stellar! The BMW NA class action suit doesn't account for Canada but I'd be more than willing to send all the paperwork and correspondence to someone who is part of that suit to help a fellow s65 owner out..

I figured this could be pretty significant info for the law suit (BMW dealership preventatively replacing rod bearings with no symptoms under CPO warranty), and this member said he would be willing to send the corresponding documentation to the appropriate people handling the suit. I'm not sure who that is currently, but if you do then maybe contact this member with the info.

[Z K]

Originally Posted by Bartledoo

https://www.m3post.com/forums/showthread.php?t=1521165

I figured this could be pretty significant info for the law suit (BMW dealership preventatively replacing rod bearings with no symptoms under CPO warranty), and this member said he would be willing to send the corresponding documentation to the appropriate people handling the suit. I'm not sure who that is currently, but if you do then maybe contact this member with the info.

The problem is, replacing the rod bearings with another set of BMW rod bearings does not solve the rod bearing issue.

[///mawana]

Originally Posted by Z K

The problem is, replacing the rod bearings with another set of BMW rod bearings does not solve the rod bearing issue.

.. but does buy the owner some time at zero cost! The point though is to show legal proof BMW is aware of the defect and have taken preventative measures for some vehicles. Begs the question why just a select few?