BMW Allegedly Knew of Engine Flaw, Must Stay in Suit

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By Martina Barash

BMW of North America LLC must face a nationwide class action after a federal court ruled consumers sufficiently alleged it knew about a defect in M3 engines at the time of purchase ( Afzal v. BMW of N. Am., LLC , 2017 BL 262777, D.N.J., No. 15-8009, 7/27/17 ).

David Afzal and Andy Dechartivong alleged BMW monitored internet forums with reports of rattling noises—noises that BMW dealers allegedly diagnosed as rod bearing defects, the U.S. District Court for the District of New Jersey said July 27. And they alleged that the engine design gave the bearings half the clearance recommended in an industry standard.

That was enough detail to support the fraud claims, the court said.

Afzal said his bearing trouble, which was caught when engine failure was imminent, led to a repair costing more than $2,000. Dechartivong said his engine failed while he was driving and couldn’t be repaired. He hasn’t used it since then because he declined to pay $31,800 for a new engine, according to the court.

In its motion to dismiss, BMW said the plaintiffs didn’t include sufficient details in alleging fraud.

McCuneWright LLP represents the plaintiffs.

Buchanan, Ingersoll & Rooney PC represents BMW North America.

To contact the reporter on this story: Martina Barash in Washington at MBarash@bna.com

To contact the editor responsible for this story: Steven Patrick at spatrick@bna.com

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