[12K]

Does anyone have any recent update on the class action lawsuit in progress? The last I have is from Nov 2018, part of which is posted at the bottom.

I have a 2012 528i with a $12,500 estimate for engine replacement due to this, but my mileage is 74,000. The extended part warranty stops at 70k miles, so I'm stuck waiting on this lawsuit.

Thanks for any help



A federal judge recently trimmed claims in a consolidated
BMW engine defect class action, but ruled that the
automaker cannot escape the suit entirely.
U.S. District Judge William H. Walls partially granted and
partially denied BMW***700;s motion to dismiss claims that it sold
vehicles with a known engine defect.
Judge Walls dismissed allegations of negligent
misrepresentation as well as several individual claims from
plaintiffs who he deemed did not have standing to sue.
However, the court kept most of the plaintiffs***700; claims for
breach of warranty, consumer fraud, and unjust enrichment.

 

[Doug Huffman]

You need to identify the action properly. Judge Walls died in July, 2019

 

[12K]

yes, it looks like Judge Susan D. Wigenton is now in charge. I actually just heard back from the prosecuting atty:

Currently the matter continues to be litigated.

Although there is currently no settlement in this case, you should make sure to retain any estimate and/or invoice for the timing chain repair and/or engine repair and make sure it states clearly it was related to a timing chain failure and the mileage. If it does not, then in the event of a settlement in which you are included in the class definition, your claim may not be approved. It's worth insisting they do that. Also, you should retain all proof of the repair having been made and proof of your payment. You should also retain maintenance records, particularly as to timely oil changes made during the time you own the vehicle.

Please also be aware that many times, in these settlements, the manufacturer insists that any reimbursement program have a cap if the repair was not done at the BMW dealer.

In the event of a settlement, the Court-appointed claims administrator will send out a notice to registered owners. We do not send out such notification from our office but you may feel free to check back periodically.

 

[imtjm]

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