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      11-19-2015, 10:51 AM   #1
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S65 Lawsuit official?

Check this out....
Just had a google alert on it this morning.....

BMW M3 Engine Failure Lawsuit Says S65 Engine Defective

http://m.carcomplaints.com/news/2015...lure-s65.shtml
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      11-19-2015, 10:56 AM   #2
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Well that's interesting. I don't see it passing but it is damn sure worth a try the rate of failure is not even half as high as the BENZ recall on the e55 for the gastank failure and they took years to finally get passed. number of failurs reported on our engine is less than 2k to the overall 65k produced.
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      11-19-2015, 11:02 AM   #3
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Not any smaller, then the allready ongoing VW lawsuit!
Please make this happen and turn our poor M3 owners into some richer folks and give us a chance to force BMW to buy our cars back...
No, just kidding for the last but wouldn't disagree for an free bearing upgrade
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      11-19-2015, 11:12 AM   #4
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Quote:
Originally Posted by vsix
Not any smaller, then the allready ongoing VW lawsuit!
Please make this happen and turn our poor M3 owners into some richer folks and give us a chance to force BMW to buy our cars back...
No, just kidding for the last but wouldn't disagree for an free bearing upgrade
Or an extension to powertrain warranty
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      11-19-2015, 12:15 PM   #5
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      11-19-2015, 12:41 PM   #6
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Okay so BMW is forced to admit engine failure. Nothing else states the outcome of this lawsuit or BMW course of action to rectify this issue. I'm still under warranty and still if the article is true that the dealer refuse to fix the engine issue when presented then I'd be pissing a storm too.
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      11-19-2015, 01:04 PM   #7
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Thats interesting. Thanks for sharing.
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      11-19-2015, 01:24 PM   #8
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The failure occurence is extremely low. 98+% of owners are unaffected, this very forum has been very very instrumental in grossly exagerating and snowballing this issue by social media fear spreading.

BMW is to blame for not taking systematic care of the very few with a failed stock engine, instead they arbitrarily approved new engines for some (usually the ones that cried outrage louder and for longer) and left some others on the rocks, that kind of discretionary variation of treatment is unacceptable. Everybody paid every cent of their car and deserve the same treatment as long as they kept their engine stock. This off course should not include modded engines or SC engines because it violate the warranty terms and because the modified engine is no longer under the same conditions and stress that it was designed for.

To people who think replacing with coated bearings is a fix, it's not. It's only prolonging the life of those very few that experience the issue. If bmw were forced to repair the issue permanently they would have to change the entire crankcase and crankshaft.

If bmw were to loose that lawsuit, they would probably instigate a free but mandatory "engine bearing check" for cars above a certain mileage and covered bearings replacement on a need base. Meanwhile free replacing the entire engine for any stock engine that breaks.

This would be great because it would lift any concern some people might have about the state of their engine and close the false rumors and exagerated statements often found on this very forum. And THAT, would be the greatest benefit for owners who will never experience that issue anyway.

Last edited by Rajmun340; 11-20-2015 at 11:23 AM..
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      11-19-2015, 01:31 PM   #9
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Quote:
Originally Posted by JoeM3SSII View Post
The failure occurence is extremely low. 98+% of owners are unaffected, this very forum has been very very instrumental in grossly exagerating and snowballing this issue using media fear spreading.

BMW is to blame for not taking systematic care of the very few with a failed stock engine, instead they arbitrarily approved new engines for some (usually the ones that cried outrage louder and for longer) and left some others on the rocks, that kind of discretionary variation of treatment is unacceptable. Everybody paid every cent of their car and deserve the same treatment as long as they kept their engine stock. This off course should not include modded engines or SC engines because it violate the warranty terms.

To people who think replacing with coated bearings is a fix, it's not. It's only prolonging the life of those 2% that experience the issue. If bmw were forced to repair the issue permanently they would have to change the entire crankcase and block.

If bmw were to loose that lawsuit, they would probably instigate a free but mandatory "engine bearing check" for cars above a certain mileage and change bearing on a need base. Meanwhile free replacing the entire engine for any stock engine that breaks.

This would be great because it would lift any concern some people might have about the state of their engine and close the false rumors and exagerated statement often found on this very forum. And THAT, would be the greatest benefit for 98% of owners who will never experience that issue anyway.
Best not to use 98% as the figure for unaffected engines... 1 in 50 failing would not be an acceptable failure rate.
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      11-19-2015, 01:38 PM   #10
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Quote:
Originally Posted by OneMmmm View Post
Best not to use 98% as the figure for unaffected engines... 1 in 50 failing would not be an acceptable failure rate.
I included SC and can-tuned engines and that's a high occurrence for this model. But legal case is not going to count them. Then it could well be 99.5% or closer to 99.9% but whatever the number, bmw will be forced to reveal it as they know it.

Last edited by Rajmun340; 11-19-2015 at 01:47 PM..
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      11-19-2015, 01:56 PM   #11
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Quote:
Originally Posted by OneMmmm View Post
Best not to use 98% as the figure for unaffected engines... 1 in 50 failing would not be an acceptable failure rate.
It's going to be much higher than 1 in 50 once the miles start building up on these cars.

I've personally seen 5 engine failures due to BMW rod bearings and that's just in my local area. Every time I see an M3 on the rack with the engine out, it's usually due to a blown engine.

My friend's engine seized while idling in a parking lot due to rod bearings. We saw it happen with our own eyes. It's incredible how sudden and unexpectedly it happens.
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      11-19-2015, 02:37 PM   #12
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Definitely not acceptable. If an engine cannot be expected to last 150k or more miles with proper care and reasonable use, there is some sort of design flaw. If my Tacoma's engine can last 350k with heavy towing, I am sure BMW can design an engine to last 1/2 that long without detonating.
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      11-19-2015, 03:01 PM   #13
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Here's the docket number so we can all keep track of this and, if necessary (knock on wood) reference the outcome at a needed time:

Afzal v. BMW of North America LLC, et al., Case No. 2:15-CV-08009, in the U.S. District Court for the District of New Jersey, Newark Division.
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      11-19-2015, 03:30 PM   #14
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Is there an easy way to follow this and get updates?
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      11-19-2015, 03:42 PM   #15
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Quote:
Originally Posted by Z K View Post
It's going to be much higher than 1 in 50
Not according to observation. It happens randomly there is no predilection for high mileage. If a car passes 6 digits it is very unlikely to experience that issue anymore. It seems there is a 'trigger' event shortly followed by the breakdown in a short time lapse. We don't know what triggers it but as car ages and never experienced that trigger at 6 digit it will likely never happen.
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      11-19-2015, 03:46 PM   #16
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The case documents can be found here:

https://pacermonitor.com/public/case...ICA,_LLC_et_al
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      11-19-2015, 03:48 PM   #17
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This law firm should throw in the throttle actuators too for good measure.
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      11-19-2015, 03:53 PM   #18
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Quote:
Originally Posted by nholmes
Is there an easy way to follow this and get updates?
Go to the firm websites and you can subscribe via an email address
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      11-19-2015, 04:32 PM   #19
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Go to the firm websites and you can subscribe via an email address
http://chimicles.com/bmw-m3-engine-f...lawsuit#item-2
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      11-19-2015, 04:57 PM   #20
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Roger that .
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      11-19-2015, 05:10 PM   #21
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Quote:
Originally Posted by JoeM3SSII View Post
Not according to observation. It happens randomly there is no predilection for high mileage. If a car passes 6 digits it is very unlikely to experience that issue anymore. It seems there is a 'trigger' event shortly followed by the breakdown in a short time lapse. We don't know what triggers it but as car ages and never experienced that trigger at 6 digit it will likely never happen.
So you hope. The fact is that the the bearings wear down over time. Cars with the bearings replaced at higher mileage show higher wear. Failure may not happen but the chance of failure happening increases as the bearings wear down.
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      11-19-2015, 05:41 PM   #22
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Quote:
Originally Posted by Properstyle View Post
Well that's interesting. I don't see it passing but it is damn sure worth a try the rate of failure is not even half as high as the BENZ recall on the e55 for the gastank failure and they took years to finally get passed. number of failurs reported on our engine is less than 2k to the overall 65k produced.
If your numbers are true, that's a HUGE failure rate! I'm not sure I've heard of a single engine failure of a modern car under 100k... btw, lawsuits don't 'pass', they win, lose or settle.
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