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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 Thu, Mar-21-2019, 11:08:36 PM   #1
Rich.7
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Default Class Action Lawsuit(s) for BMW M3 2008-2013 Rod Bearings in S65 motor

Would like to start an open discussion and allow members an opportunity to post if they have been effected or had experience with these 2 lawsuits. Both are pending and both appear to have been filed by the same law firm.

NJ State Court Class Action lawsuit filed November 2015
https://www.carcomplaints.com/news/2...-lawsuit.shtml

NJ Federal Court Class Action lawsuit filed July 2018
https://www.carcomplaints.com/news/2...w-jersey.shtml

Last edited by Rich.7; Tue, Jan-07-2020 at 10:24:41 PM.
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Old Thu, Apr-04-2019, 07:54:19 PM   #2
egebhardt
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Default Re: Class Action Lawsuit(s) for BMW M3 2008-2013 Rod Bearings in S65 motor

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.
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Old Thu, Apr-04-2019, 09:13:36 PM   #3
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Default Re: Class Action Lawsuit(s) for BMW M3 2008-2013 Rod Bearings in S65 motor

Thousands have already paid to change bearings preventatively. Hundreds have suffered very expensive engine failures that, in most cases, BMW did not accept responsibility for. And tens of thousands are probably unaware there is a potential issue because their motors are running fine and they are not on any of the bmw forums. I changed mine myself in 2014 when my cpo warranty expired.
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Old Fri, Apr-05-2019, 06:45:10 PM   #4
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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
Thousands have already paid to change bearings preventatively. Hundreds have suffered very expensive engine failures that, in most cases, BMW did not accept responsibility for. And tens of thousands are probably unaware there is a potential issue because their motors are running fine and they are not on any of the bmw forums. I changed mine myself in 2014 when my cpo warranty expired.
Hence why these 2 lawsuits are of great importance and magnitude.
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Old Fri, Apr-05-2019, 07:13:46 PM   #5
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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 egebhardt View Post
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.
I've seen 20 plus E46 M3s have bearing issues. It is a clear and present issue nationwide.
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Old Sat, Dec-14-2019, 05:13:40 AM   #6
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Default Re: Class Action Lawsuit(s) for BMW M3 2008-2013 Rod Bearings in S65 motor

IMHO, any class action lawsuit is likely to be a failed effort due to a lack of evidence to support the claim that there was poor engineering or the manufacturer was in any way negligent.

As I recall, more than 80k E46 M3s were sold to consumers. Over 60k E9x M3s were sold to consumers.

Has the threshold been met that reasonable minds conclude that the respective products were so flawed that compensation is in order for any consumers that experienced a problem that affected a tiny percentage of consumers? I have my doubts. Certainly, bullet proof products are non-existent as a rule. However, I also have doubts that all reporting rod bearing failures and excessive wear have been honest about how they broke in the engine and how they drove their car e.g. all reports in forums that I have read claim to have followed recommended break in practices and driven the car without stressing the engine until it was warmed up all the while having service preformed as needed. I can only wonder whether there has ever been so many that could exercise so much patience to redline a particular model as is claimed. Supposing all did in fact follow the manual, does that mean that not even a fraction of the unitsunits will experience a failure?

To all that preventatively changed their rod bearings I will say this: some of you save yourself a lot of expense and trouble while others wasted a lot of money given the fact that no one knows which rod bearings we're going to fail or when they would fail or if they would fail in any given unit.

BMW eventually owned up on the E46 issue but there has been no such owning up as it relates to the e9x generation. I don't expect that to change but I wish all in possession of either model good luck and happy motoring with either of the two of the finest automobiles to ever have been made by BMW with the venerable s54 and the s65 engines.
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C&D M3/GTR/997TT test, summation:
Every other manufacturer should give up on building their own cars and just make M3's instead.
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Teaching what's merely essential/practical for a person to function in society is a sad and low bar to set for educating our kids.

Last edited by Eau Rouge; Tue, Dec-17-2019 at 01:47:32 AM.
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Old Sat, Dec-14-2019, 06:47:06 PM   #7
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Default Re: Class Action Lawsuit(s) for BMW M3 2008-2013 Rod Bearings in S65 motor

Yes, BMW will either mount a defense and say the cause has not been proven and that the could be many causes, or it will settle without any admission of wrongdoing. Hopefully some good info will come out in discovery, such as how many engines BMW replaced under warranty on cars BMW maintained and could find no reason to deny coverage such as owner misuse or abuse. Unfortunately that info will likely be protected by confidentiality agreements unless the case goes to trial. Obviously both sides will have expert witnesses testifying as to the causes of the failures, and the judge or jury will determine credibility. Have not read any updates on the litigation for about 6 months. I think BMW lost its motion to dismiss. Yes, I am a lawyer, but have nothing to do with the case. I changed my rod bearings myself when the CPO warranty expired in 2014.
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Old Thu, Jan-02-2020, 02:42:15 PM   #8
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Default Re: Class Action Lawsuit(s) for BMW M3 2008-2013 Rod Bearings in S65 motor

Quote:
Originally Posted by Eau Rouge View Post
IMHO, any class action lawsuit is likely to be a failed effort due to a lack of evidence to support the claim that there was poor engineering or the manufacturer was in any way negligent.

As I recall, more than 80k E46 M3s were sold to consumers. Over 60k E9x M3s were sold to consumers.

Has the threshold been met that reasonable minds conclude that the respective products were so flawed that compensation is in order for any consumers that experienced a problem that affected a tiny percentage of consumers? I have my doubts. Certainly, bullet proof products are non-existent as a rule. However, I also have doubts that all reporting rod bearing failures and excessive wear have been honest about how they broke in the engine and how they drove their car e.g. all reports in forums that I have read claim to have followed recommended break in practices and driven the car without stressing the engine until it was warmed up all the while having service preformed as needed. I can only wonder whether there has ever been so many that could exercise so much patience to redline a particular model as is claimed. Supposing all did in fact follow the manual, does that mean that not even a fraction of the unitsunits will experience a failure?

To all that preventatively changed their rod bearings I will say this: some of you save yourself a lot of expense and trouble while others wasted a lot of money given the fact that no one knows which rod bearings we're going to fail or when they would fail or if they would fail in any given unit.

BMW eventually owned up on the E46 issue but there has been no such owning up as it relates to the e9x generation. I don't expect that to change but I wish all in possession of either model good luck and happy motoring with either of the two of the finest automobiles to ever have been made by BMW with the venerable s54 and the s65 engines.
"Has the threshold been met that reasonable minds conclude that the respective products were so flawed that compensation is in order for any consumers that experienced a problem that affected a tiny percentage of consumers?" - Fallacies

"no one knows which rod bearings we're going to fail or when they would fail or if they would fail in any given unit" - It is not an exact science nor a requirement in Class Action. Damages are calculated and presented by qualified damages experts and shouldn't be assumed by lawyers let alone a consumer.
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Old Thu, Jan-02-2020, 02:48:29 PM   #9
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Default Re: Class Action Lawsuit(s) for BMW M3 2008-2013 Rod Bearings in S65 motor

Quote:
Originally Posted by pbonsalb View Post
Yes, BMW will either mount a defense and say the cause has not been proven and that the could be many causes, or it will settle without any admission of wrongdoing. Hopefully some good info will come out in discovery, such as how many engines BMW replaced under warranty on cars BMW maintained and could find no reason to deny coverage such as owner misuse or abuse. Unfortunately that info will likely be protected by confidentiality agreements unless the case goes to trial. Obviously both sides will have expert witnesses testifying as to the causes of the failures, and the judge or jury will determine credibility. Have not read any updates on the litigation for about 6 months. I think BMW lost its motion to dismiss. Yes, I am a lawyer, but have nothing to do with the case. I changed my rod bearings myself when the CPO warranty expired in 2014.
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
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Old Thu, Jan-02-2020, 11:35:50 PM   #10
Eau Rouge
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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
It is not an exact science nor a requirement in Class Action. Damages are calculated and presented by qualified damages experts and shouldn't be assumed by lawyers let alone a consumer.
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.
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Quote:
C&D M3/GTR/997TT test, summation:
Every other manufacturer should give up on building their own cars and just make M3's instead.
Quote:
tenfifteen: We have a bunch of kids who can add but not think, and that's the value of educating kids in the humanities, history, etc.
Teaching what's merely essential/practical for a person to function in society is a sad and low bar to set for educating our kids.
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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)