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New class action lawsuit against BMW

Discussion in 'Forced Induction' started by ForcedInduction, Oct 6, 2010.

    ForcedInduction guest

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    bcweir

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    At the risk of overdramatizing the issue, I knew it would eventually come to this.

    Two things that don't surprise me:

    - that it was a law firm that would get this fire started, and of course, it over-dramatizes the issue. It even goes so far as to quote something known as the "BMW blog" (really? BMW has a BLOG? I didn't think they had time to blog!), and claims that a failure at high speed could be dangerous (the brakes stop working too?).

    - the last thing that doesn't surprise me is that -- what? A law firm from CALIFORNIA? No way! I thought California and New York were trying to outlaw internal-combustion automobiles and force everyone (at gun point, no less) to buy plug-in Priuses (and we all know how safe those are, right :D ).

    - Another interesting thing I noticed in the article: only lawyers were used as information sources. Let's not lend any credence to the idea this is affecting ordinary consumers, right? Or does this issue only affect owners with a law degree?

    In all fairness, if anyone thought BMW wasn't taking this seriously, I think America got their attention now.

    It's the last line of the second to last paragraph that I find most amusing:

    "The plaintiff's complaint seeks to force BMW to repair the defective turbo charges and/or reimburse consumers for the diminution in value to the vehicles."

    A new vehicle loses as much as 10 percent of its value the moment you drive it off the lot, and that's got nothing to do with defective turbos. That same vehicle can lose as much as 30 percent of its value in its first one to three years of ownership. These lawyers want the turbos fixed and cover ALL depreciation since these vehicles were knew? How many of these vehicles has BMW made with the N54 turbo engine again?

    Just goes to show you that high-priced trial lawyers apparently believe there is a Santa Claus, better known as Bavarian Motor Works, AG.

    I just hope this doesn't result in any "coupon" settlements:

    The lawyers get billions, and all of these owners get $50 off another BMW.

    I think most people would settle for BMW just FIXING the problem, instead of paying the ambulance-chasing trial lawyer.

    More "courthouse engineering," brought to you by your national trial lawyers.
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    Pyewacket1

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    You DO realize this "news release" was posted on a public relations web-site, who's mission is ... from their web-site...

    You write an announcement about your organization - a new product launch, current promotion, a local team sponsorship - whatever. We get your news distributed to every major news site and search engine on the web, and in front of consumers and journalists.

    That's why the last 2 paragraphs of the "release" were...

    Kershaw, Cutter & Ratinoff have demonstrated their dedication to protecting the legal rights of consumers, as well as their ability to devote substantial resources through trials involving large corporations. Their product liability lawyers have represented thousands of victims of defective vehicles and dangerous products in cases throughout the United States, generating hundreds of millions of dollars in lawsuit recoveries for their clients and the classes they have represented.

    If you would like more information on this topic, or to schedule an interview with William Kershaw, please call Taryn Smith at 916.448.9800 or 888.285.3333.
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    bcweir

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    Uh, yeah. I think the whole world got it

    ............and what courtroom trial isn't public relations?

    If this lawsuit were about forcing BMW to fix the problem, I'd be all for it.

    Instead, a California law firm smells "blood in the water" and a nice fat payday, going after the evil car company that sold them defective cars and couldn't wait to cash the check.

    Instead, this is about a law firm (aka a "shark school") trying to convince every owner of an x35 gasoline-powered, twin-turbo six BMW that this is going to be their "Mcdonald's coffee lottery," when in fact, it's going to be nothing more than a multi-billion-dollar payday for them, and a hearty "screw you" to the victimized motorists.

    Skip the billion dollar payday, Dewey Cheatam & Howe, (not likely, but I thought I'd put it out there), and force BMW to either fix the problem, stop selling these cars until they figure out the problem, or allow BMW owners out their payment books/lease agreements while reimbursing them for their "stalled-car" payments.
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    granthr

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    Amen!!! I guess all the really important issues of the world have been taken care of. So that is why they are going after BMW. Remember this is an award winning engine after all.
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    CRKrieger

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    Who do you call when you are starting a class action lawsuit? Your local electrician? No; "a law firm" did not start this. A dissatisfied BMW owner did. Apparently, a number of them; otherwise, it could never become a class action suit.
    You're driving in fast rush hour traffic and you lose all power while you're in the middle lane. I would not categorically say that that isn't dangerous. It isn't a wheel lockup or a brake failure, but it isn't a good thing, either.
    I fail to see any relevant point here. It takes a lot of resources to do a class action lawsuit. I know I don't have them, but apparently, this firm does. So they do them when people hire them and there's enough merit to file them. That's how this works, in case you were under the mistaken impression that the firm is out to reform American politics.
    It's a P.R. firm for the law firm. They're not in the business of doing investigative journalism. Leave the "first, fair" to Faux News©. But wait. Earlier you were bitching about them "quoting" online sources. Now you complain about the opposite? How about making a decision instead of just aimlessly venting?
    Did you completely forget how to read? Where does it say anyone is asking for "ALL depreciation since these vehicles were new"? Do you not understand what "diminution in value" means?
    No; it just goes to show that you're willing to ignore and make stuff up to impugn my profession.
    Well, gee, what do you make of this language: "The plaintiff's complaint seeks to force BMW to repair the defective turbo [chargers] ..."? Apparently, asking nicely, as well as not-so-nicely, hasn't worked so far. Maybe your electrician can wangle that settlement out of 'em.
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    floydarogers

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    "Why have facts when we can have opinions?"

    It's likely that we will now discover how prevalent the problems are; how many wastegates fail, how many HPFP's have failed, etc. Up to now, the best data on HPFP failures I've seen says about 40% failure, but that poll on bimmerforums is suspect as to significance, of course.

    I wonder how many people "stalling" in middle/inside lanes should have been driving in the outside lane - KRETP?:rolleyes:
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    bcweir

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    I tell you what's really hilarious....

    Watching Krieger come to the "rescue" of a law firm is like watching him aid firefighters, equipped, hooked up to a hydrant and fire truck already at the scene ... with a garden hose.

    Thank GOD the trial lawyers have Krieger providing backup!

    Krieger, I'm sure the trial lawyers have this fire covered without a bucket brigade.

    LMAO!
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    CRKrieger

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    Did you call that electrician yet? I mean, since you obviously feel that class action suits shouldn't be the province of trial lawyers, we gotta get somebody working on this. Be sure he brings the BIG pliers!
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    Pyewacket1

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    Actually, that's the positive aspect I see to all of this.

    If its a widespread problem, then its high time BMW stepped up to the plate....admitted it....and then, fixed it.

    On the other hand, if the reality is there are only an extremely few, but extremely vocal complainers.... Well, then, we'll find that out as well.

    Let the facts do the talking.

    At this point, I suspect what we will see is something in the middle.... Probably enough failures that most would find a higher than expected rate, but not enough failures for everyone owning autos with one of these engines needing to park their cars.

    IMO, it makes absolutely no business sense for BMW to continue selling a product with a known (and as yet, unfix-able) defect in the drive train of a vehicle line. Certainy, no one at BMW would think anything good could result from that action.

    But, that;s just my opinion.
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    bcweir

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    Keep those Dixie cups of ice water coming, Krieger!

    If anyone thought for a second that the lawyers are in this for any other reason than to collect a very LARGE check from BMW (i.e. actually solving the problem, or providing direct assistance to the owners) while this Queen Elizabeth winds its very large stern through the court system, I'd be the first to cheer these people on.

    Let's not be naive here. Do you think this is BMW's first rodeo with the US civil court system? For those of you with short memories, do you remember the Nikasil/Alusil issue with the M60 engines? How about the M3/SMG issue -- which last time I heard, had NOT been fully resolved? Or the E46 rear floor plan kerflufle?

    First of all, this lawsuit is going to take YEARS to resolve itself. Not hours, days, weeks or months. Secondly, by the time all is said and done, statistically, the lawyers will get a very large payday, while the owners will get relatively little for their troubles. That's hardly what I would call the legal profession coming to the rescue.

    I agree with the cooler heads that BMW should have stopped making these engines as soon as the problem appeared. BMW's pursuit of a fatter bottom line instead will undoubtedly cost them.

    I've yet to see a trial lawyer double as a powertrain engineer, but stranger things have happened.
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    CRKrieger

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    No you wouldn't. Not ever. So quit trying to cover the simple fact that you don't like to see anyone getting paid to work in the American legal system. Odd you should mention the Nikasil engine debacle. I suppose you think the lawyers got paid too much to get pretty much everybody who wanted one a NEW ENGINE. Tell you what. Next time you need to sue someone or defend yourself from someone suing you, or charging you with a crime, call your electrician.
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    bcweir

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    I didn't know you were in the business of telling people what to think.

    Wow, you make that dixie cup go a long way. Seems to me the only thing "burning" or getting hot, is you.

    How about you lowering your blood pressure before you pop something?

    Your um, brow, is bulging again.

    I stand by what I said. Feel free to cite me, Mr. Thought Police.
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    14th BMW

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    www.bmwblog.com

    Freude am Fahren (und Lesen)...
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    bcweir

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    Thank you for the update -- and the lesson in German.

    Someone who could inform without hyperventilating. How refreshing.

    Danke.

    Sheer driving (and reading) pleasure to you also, 14th BMW

    pinmagic guest

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    +1 - word for word, just what I was thinking.

    The court system may not be perfect, and the lawyers may indeed walk away with a hefty paycheck - and, indeed, that may be their prime motivation. But what's the alternative? There MAY be a major problem here (all the facts aren't in yet), and - in the eyes of people on their 3rd, 4th, or 5th HPFP, BMW hasn't fixed the problem yet.

    What you're doing thus far to solve the problem - bitching on chat boards - doesn't seem to be working. So what do you propose?

    Yes, if an HPFP fails, and you have sudden loss of power on a highway, it's a MAJOR safety problem. And I guarantee you, if it happens to you, and you get rear-ended, you'll be calling a lawyer. And expecting a BIG payout. And for BMW to pay for loss of value and/or buy back your car.

    Again, the facts aren't in yet, but that's what the case will do - shine a light on the facts. Sorry that you're all so upset that some lawyers will make a profit, but that's the only way I see this being addressed.

    I think the problem is that there are a lot of people who are so dedicated to a brand like BMW that they'll defend against any effort to hold it accountable if (and I say IF) there's a problem. I'm not passing judgement on the problem without all the facts, but I also refuse to be a sycophant.

    Flame on.

    ForcedInduction guest

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    The safety defects and accidents have been documented. See nhtsa.com for hundreds of N54 HPFP complaints. The turbo software lag issues also have at least one other class action lawsuit pending so things are heating up on the N54 and now N55 HPFP failures. I'll bet there are other class action suits pending for the N54 HPFP issues that we do not even know of - yet.

    http://www.scribd.com/doc/17233560/Bmw-Law-Suit-Hpfp

    bmwmichael_52 guest

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    "BMWBLOG is an independent enthusiast blog and it is in NO WAY owned, affiliated with or endorsed by BMW AG "
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    Pyewacket1

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    I'm pretty much in agreement with you on this one.

    Exactly what other options are available to resolve this issue?

    For those that have experienced this (and possibly still are experiencing this) issue it would appear that no other course of action has gotten them any satisfaction....yet.

    As for the "big payday" and the complaints about it, well... it reminds me of a heart surgeon friend. He gets the "big bucks" too, and there isn't any shortage of people that like to complain about how much he makes, yet, when they show up in the ER experiencing a coronary event and he saves their life, well.... you get the idea.

    No difference with any other profession. Even a plumber is over-paid unless he is fixing an over-flowing toilet while you are hosting your daughter's wedding reception. But, just as soon as the toilet is fixed....
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    eam3

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    We just returned our 535i as the lease ended. I asked my wife if she wanted another BMW and her answer was a definitive NO. The HPFP failed her back in January the day before we were supposed to leave on a trip out of town. No biggie, we got a loaner. Since then it failed 2 more times, both times she was headed to an important appointment (which she had to cancel) only to find out they were "false" readings from the sensor (but the car still exhibited the diminished power + stalling at idle symptoms). Hey cool, so that means I can fully trust the oil level sensor as well, right? Damn the dipstick, full speed ahead. Between the crappy unpatchable run flat tires, the Russian Roulette HPFP and the idiocy of not putting spare tires on their cars any more, my wife has written off BMW. She is currently driving our faithful old 2002 Volvo S60 T5 until she decides what she wants and couldn't be happier.

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