BMW M3 Engine Failure – Class Action Lawsuit
Chimicles & Tikellis LLP is investigating a potential class action lawsuit against BMW relating to premature engine failure in certain BMW M3 model vehicles.
On November 10, 2015, Plaintiff David Afzal filed a nationwide class action lawsuit against BMW for alleged premature engine failure in certain BMW M3 models containing S65 engines. The lawsuit alleges that BMW failed to disclose that the S65 engines in model year 2008-2013 BMW M3 vehicles can lose power steering and power assistance to the braking systems when a purported defect in the rotating assemblies manifests and causes the engine to fail. These issues are alleged to cause the vehicles to experience a catastrophic engine failure along with safety issues and expensive repairs.
On October 18, 2016, Judge Arleo of the United States District Court for the District of New Jersey issued an opinion denying BMW’s motion to dismiss some of the plaintiff’s claims, permitting many of the plaintiff’s claims to go forward. Although plaintiff’s claims for implied warranty and certain fraud-based claims were dismissed, Judge Arleo permitted plaintiff’s express warranty claims to proceed. Because plaintiff’s claim for violations of the Magnuson-Moss Warranty Act is dependent upon his state warranty claims, the court also denied BMW’s motion to dismiss this claim. In finding that plaintiff’s claim for breach of the covenant of good faith and fair dealing is not duplicative of his express warranty claims, Judge Arleo likewise permitted this claim to go forward.
Although a few of plaintiff’s causes of actions were dismissed, the court has permitted plaintiff to amend and re-file these claims, including claims brought under California’s consumer protection statutes and claims for breach of implied warranty.
If you would like to discuss this lawsuit, please contact the lawyers listed on this webpage.