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E90 M3 (Sedan) | E92 M3 (Coupe) | E93 M3 (Convertible) (2008-2013) {Engine: S65 - Max Hp: 414 hp (420 hp Euro) at 8,300 rpm / 295 lb/ft at 3,900 rpm}


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Old Fri, Jan-03-2020, 12:22:56 PM   #11
pbonsalb
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Default Re: Class Action Lawsuit(s) for BMW M3 2008-2013 Rod Bearings in S65 motor

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Originally Posted by Rich.7 View Post
What's your 2 cents on why the firm filed in NJ State first rather than NJ Federal?
Same firm for both cases: LITE DEPALMA GREENBERG, LLC
Could be any of several reasons. The state law claims may be stronger than the federal law claims or simply fit the facts better. I don’t know NJ law and have not really studied the complaint or researched the law. There could be decisions from the federal NJ district or regional circuit court that are less favorable. They may have thought state court would be faster.
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Old Tue, Jan-07-2020, 10:21:51 PM   #12
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Default Re: Class Action Lawsuit(s) for BMW M3 2008-2013 Rod Bearings in S65 motor

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Originally Posted by Eau Rouge View Post
I agree; hence my reference to "reasonable minds".

There may be a way to compensate consumers affected by rod bearings failure, but wouldn't that be a decision for the manufacturer to make? Going to court might "encourage" the manufacturer to get on with settling with complaining consumers. Regardless, given the number of units manufactured and the number of owners that have suffered rod bearing failures irrespective of their own driving, break-in, etc.., are there really compelling numbers to warrant a class action lawsuit?

I have no idea how many owners suffered rod bearings' failure in the USA or globally. Were BMW AG ordered to disclose the failure data, what would be the percentage for units that suffered RB failure? Wouldn't that be interesting to learn?

Ultimately, any manufacturer can stand on a "The products that failed under warranty were repaired with no cost to the consumer" IF that can actually be proven and for the RB failures that happened out-of-warranty "caveat emptor" is applicable, is it not?

I feel for those that replaced RBs out of concern that the parts would fail. RBs are not considered "wear and tear" parts AFAIK.

FWIW, I would like to see the whole thing sorted out in or out of court for no other reason than to put the matter to bed once and for all. A lot of time and typing has been spent in forums on the subject yet no tangible result has been realized though I would like to see that happen if in fact the manufacturer knowingly offered a product that was flawed in some manner.

Perhaps this will be the year that rod bearings threads cease to appear as they have for the last ten years.
Don't need to know exactly how many have or might be affected prior to filing a Class Action lawsuit as long as there is subject matter jurisdiction:
28 U.S.C. § 1332 Class Action Fairness Act 2005 (i) there are 100 or more class members, (ii) there is an aggregate amount in controversy exceeding $5,000,000, exclusive of interest and costs, and (iii) there is minimal diversity because at least one plaintiff and one defendant are citizens of different States.

There is over 100 people for sure, I believe over 100 NHTSA complaints as well but as far as the actual data that BMW has on the failures it is sealed and will most likely remain so. Most important is that they were aware of the defect.

BMW gets sued very often and very often they are on the defensive regardless of the case public evidence or even if NHTSA gets involved, nature of the business for them. The worst and best part of the case is that it matters heavily since RB failure leads to complete engine failure but thus this kind of settlement would be a big blow so they will fight it tooth and nail and I doubt there will be an individual settlement for this.

Last edited by Rich.7; Tue, Jan-07-2020 at 10:34:47 PM.
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Old Tue, Jan-07-2020, 10:31:27 PM   #13
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Default Re: Class Action Lawsuit(s) for BMW M3 2008-2013 Rod Bearings in S65 motor

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Originally Posted by pbonsalb View Post
Could be any of several reasons. The state law claims may be stronger than the federal law claims or simply fit the facts better. I don’t know NJ law and have not really studied the complaint or researched the law. There could be decisions from the federal NJ district or regional circuit court that are less favorable. They may have thought state court would be faster.
BMW NA Delaware company, principal place of business in NJ, Plaintiff CA resident so complaint includes violation of CA laws (CLRA, UCL, FAL etc.), none in the complaint for a NJ State law.

Last edited by Rich.7; Tue, Jan-07-2020 at 10:39:03 PM.
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Old Wed, Jan-08-2020, 01:30:41 AM   #14
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Default Re: Class Action Lawsuit(s) for BMW M3 2008-2013 Rod Bearings in S65 motor

You did not answer the question why the complaint was not filed in federal court.
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Old Wed, Jan-08-2020, 05:20:21 PM   #15
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Default Re: Class Action Lawsuit(s) for BMW M3 2008-2013 Rod Bearings in S65 motor

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You did not answer the question why the complaint was not filed in federal court.
The complaint was filed in Federal court but was initially in State, idk why.
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Old Wed, Jan-08-2020, 05:23:43 PM   #16
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Default Re: Class Action Lawsuit(s) for BMW M3 2008-2013 Rod Bearings in S65 motor

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Not a lot of interest here apparently. In California, I haven't seen anything. Knowing the parts are ~$1,000 and labor is ~$1,000, BMW may not care as much as they did on the E46 M3 rear subframe which was more.
Those aren't dealer rates. Also East Coast has an aggressive premium on prices.
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Old Wed, Jan-08-2020, 09:46:33 PM   #17
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Default Re: Class Action Lawsuit(s) for BMW M3 2008-2013 Rod Bearings in S65 motor

I did mine myself for about $500 in 2014 when my extended warranty expired. Ism not expecting anything from BMW. I will probably do them again in a year or two. Had 60k when I changed them and am at 101k now.
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Old Wed, Jan-08-2020, 10:16:39 PM   #18
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Default Re: Class Action Lawsuit(s) for BMW M3 2008-2013 Rod Bearings in S65 motor

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I did mine myself for about $500 in 2014 when my extended warranty expired. Ism not expecting anything from BMW. I will probably do them again in a year or two. Had 60k when I changed them and am at 101k now.
Which RB did you use?
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Old Thu, Jan-09-2020, 01:15:33 PM   #19
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Default Re: Class Action Lawsuit(s) for BMW M3 2008-2013 Rod Bearings in S65 motor

Back then, there were no extra clearance bearings so I used 702/03 with WPC and stock bolts. Today stock bearing prices are way up. Stock bolts are a pain to install due to the double triple torque sequence. Today, I would buy extra clearance bearings and ARP bolts. I might try ACL. Cheap and high quality. Lang puts together a mixed set that it thinks gives the right clearance. BE hand measures each shell. No one says VAC extra clearance bearings are bad, either though some complain that customer service sometimes sends coated standard clearance instead.

Another attorney who DIYs?
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Old Sat, Jan-18-2020, 03:02:10 AM   #20
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Default Re: Class Action Lawsuit(s) for BMW M3 2008-2013 Rod Bearings in S65 motor

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Originally Posted by Rich.7 View Post
Don't need to know exactly how many have or might be affected prior to filing a Class Action lawsuit as long as there is subject matter jurisdiction:
28 U.S.C. § 1332 Class Action Fairness Act 2005 (i) there are 100 or more class members, (ii) there is an aggregate amount in controversy exceeding $5,000,000, exclusive of interest and costs, and (iii) there is minimal diversity because at least one plaintiff and one defendant are citizens of different States.

There is over 100 people for sure, I believe over 100 NHTSA complaints as well but as far as the actual data that BMW has on the failures it is sealed and will most likely remain so. Most important is that they were aware of the defect.

BMW gets sued very often and very often they are on the defensive regardless of the case public evidence or even if NHTSA gets involved, nature of the business for them. The worst and best part of the case is that it matters heavily since RB failure leads to complete engine failure but thus this kind of settlement would be a big blow so they will fight it tooth and nail and I doubt there will be an individual settlement for this.

Do you also know what percentage of lawsuits BMW loses in class action lawsuits?

If you do, you will also know that the rod bearings lawsuit is a longshot.

Perhaps the outcome of any litigation results is a "bone" being awarded to the plaintiffs even though I am sympathetic to them in spite of my doubt that all of those affected by rod bearings have been honest. It doesn't really matter does it unless one owns a rod bearing failure vehicle?
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Last edited by Eau Rouge; Sat, Jan-18-2020 at 03:13:36 AM.
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Discussing Class Action Lawsuit(s) for BMW M3 2008-2013 Rod Bearings in S65 motor in the E90 M3 (Sedan) | E92 M3 (Coupe) | E93 M3 (Convertible) (2008-2013) Forum - {Engine: S65 - Max Hp: 414 hp (420 hp Euro) at 8,300 rpm / 295 lb/ft at 3,900 rpm} at BMW M3 Forum.com (E30 M3 | E36 M3 | E46 M3 | E92 M3 | F80/X)