• BimmerBoost has received the legal document detailing the class action suit regarding N54 defects against BMW North America

                    
      		   
      Published on 01-20-2011 01:53 AM
      36 Comments Comments
      We have received from an anonymous source the complete details about the class action suit against BMW North America containing product defect allegations on the N54 motor. Stuart Talley of Kershaw, Cutter, and Ratinoff is the lead attorney representing the lead plaintiffs/class representatives and the proposed class. This Complaint filed in the Northern District of California lists the complete and latest details of the suit against BMW having been completed on January 14, 2011. The main points of contention are defective waste gates, defective fuel pumps, turbo-lag, manipulative ECU updates, and the HPFP recall. The Plaintiffs are alleging violations of the Magnuson-Moss Act, false advertising, misrepresentation, breach of warranty, and other Statutory California Consumer Law allegations. Counsel for the Plaintiffs and proposed class is working diligently to obtain an acceptable remedy to all owners and lessees. We will keep you updated on the developments as the suit progresses and you can view the entire document here:






























































      This article was originally published in forum thread: The legal document detailing the class action suit regarding N54 defects against BMWNA started by Sticky View original post
      Comments 36 Comments
      1. mazdaspeed6's Avatar
        mazdaspeed6 - 01-20-2011, 02:37 AM
        So does this mean anything for us if they win this lawsuit?
      1. Sticky's Avatar
        Sticky - 01-20-2011, 02:41 AM
        Click here to enlarge Originally Posted by mazdaspeed6 Click here to enlarge
        So does this mean anything for us if they win this lawsuit?
        Yes.
      1. mazdaspeed6's Avatar
        mazdaspeed6 - 01-20-2011, 02:50 AM
        If we have problems with anything involved with the suit were covered?
      1. Sticky's Avatar
        Sticky - 01-20-2011, 02:53 AM
        Click here to enlarge Originally Posted by mazdaspeed6 Click here to enlarge
        If we have problems with anything involved with the suit were covered?
        It depends on what happens.
      1. mazdaspeed6's Avatar
        mazdaspeed6 - 01-20-2011, 03:06 AM
        Gotcha, thanks!
      1. SlicktopTTZ's Avatar
        SlicktopTTZ - 01-20-2011, 09:49 AM
        Damn, they REALLY hate the N54......
      1. Yomama69's Avatar
        Yomama69 - 01-20-2011, 09:54 AM
        Click here to enlarge Originally Posted by SlicktopTTZ Click here to enlarge
        Damn, they REALLY hate the N54......
        Are you insinuating that anything contained in the Complaint is incorrect?
      1. DBFIU's Avatar
        DBFIU - 01-20-2011, 10:48 AM
        For diehard enthusiasts we can live with a failed pump or two. But for someone who just bought the car and wants to drive it to the store and back, and thats all hes going to do with it; a failed pump is unacceptable and I agree with them 100%.
      1. Yomama69's Avatar
        Yomama69 - 01-20-2011, 11:23 AM
        Click here to enlarge Originally Posted by DBFIU Click here to enlarge
        For diehard enthusiasts we can live with a failed pump or two. But for someone who just bought the car and wants to drive it to the store and back, and thats all hes going to do with it; a failed pump is unacceptable and I agree with them 100%.
        You're missing the entire point. Either that or your reading comprehension is off today.
      1. SlicktopTTZ's Avatar
        SlicktopTTZ - 01-20-2011, 11:29 AM
        Click here to enlarge Originally Posted by Yomama69 Click here to enlarge
        Are you insinuating that anything contained in the Complaint is incorrect?
        No, I just thought that the hatred was amusing. Glad to see they hated it enough to actually organize something serious.
      1. Yomama69's Avatar
        Yomama69 - 01-20-2011, 11:38 AM
        Click here to enlarge Originally Posted by SlicktopTTZ Click here to enlarge
        No, I just thought that the hatred was amusing. Glad to see they hated it enough to actually organize something serious.
        I doubt the attorneys hate anything. They are just doing what they do--representing their clients' interests.
      1. SlicktopTTZ's Avatar
        SlicktopTTZ - 01-20-2011, 11:43 AM
        I should of replaced "they" with "the clients". But yes, the attorneys are doing a good job.
      1. Yomama69's Avatar
        Yomama69 - 01-20-2011, 11:47 AM
        Click here to enlarge Originally Posted by SlicktopTTZ Click here to enlarge
        I should of replaced "they" with "the clients". But yes, the attorneys are doing a good job.
        It's a well drafted pleading. The problem is that attorneys usually have problems in drafting Complaints, because they have to translate their clients' experiences to paper. When you don't experience something first hand, it's difficult to write about.
      1. DBFIU's Avatar
        DBFIU - 01-20-2011, 11:48 AM
        Click here to enlarge Originally Posted by Yomama69 Click here to enlarge
        You're missing the entire point. Either that or your reading comprehension is off today.
        Not missing the point at all. I understand that BMW needs to do something about the issue and the document does a fine job of illustrating all the defects.


        All im saying is that some people are more forgiving when it comes to these types of defects, i.e. enthusiasts who will take their BMW with them to the grave. All other people will find this unacceptable. In either case, the lawyer is not hating anything; hes using the legal system to make BMW fix where they failed.

        In my opinion they should have come out with this suit 3 years ago, they waited to long.
      1. DBFIU's Avatar
        DBFIU - 01-20-2011, 11:53 AM
        Click here to enlarge Originally Posted by SlicktopTTZ Click here to enlarge
        I should of replaced "they" with "the clients". But yes, the attorneys are doing a good job.

        Fail.
      1. Yomama69's Avatar
        Yomama69 - 01-20-2011, 11:57 AM
        Click here to enlarge Originally Posted by DBFIU Click here to enlarge
        Not missing the point at all. I understand that BMW needs to do something about the issue and the document does a fine job of illustrating all the defects.


        All im saying is that some people are more forgiving when it comes to these types of defects, i.e. enthusiasts who will take their BMW with them to the grave. All other people will find this unacceptable. In either case, the lawyer is not hating anything; hes using the legal system to make BMW fix where they failed.

        In my opinion they should have come out with this suit 3 years ago, they waited to long.
        Does that appear to you that it was written by someone with non-enthusiast knowledge? I'm willing to bet the Plaintiffs are enthusiasts. Also, there were suits filed about 2 years ago. Info has long been posted on e90post about that. I'm not sure what the result was, but probably the Plaintiff settled with BMWNA.
      1. DBFIU's Avatar
        DBFIU - 01-20-2011, 12:02 PM
        Click here to enlarge Originally Posted by Yomama69 Click here to enlarge
        Does that appear to you that it was written by someone with non-enthusiast knowledge? I'm willing to bet the Plaintiffs are enthusiasts. Also, there were suits filed about 2 years ago. Info has long been posted on e90post about that. I'm not sure what the result was, but probably the Plaintiff settled with BMWNA.

        I concur that it was written with enthusiasts knowledge, or; the attorney joined BB and gained a lot of information regarding the N54.

        lolz
      1. DarkPhantom's Avatar
        DarkPhantom - 01-20-2011, 12:16 PM
        Wow, I read a good chunk of that and the plaintiffs do not sound happy....but then again, I wouldn't be either if I was treated that way...

        Yomama...where you been?? irc peepz callin you out.
      1. SlicktopTTZ's Avatar
        SlicktopTTZ - 01-20-2011, 12:20 PM
        Click here to enlarge Originally Posted by DBFIU Click here to enlarge
        Fail.
        I need a grammar class, dammit. It's only with have/of and then/than. What is the technical English term for the part of the sentence that I failed at?
      1. DBFIU's Avatar
        DBFIU - 01-20-2011, 12:35 PM
        Click here to enlarge Originally Posted by SlicktopTTZ Click here to enlarge
        I need a grammar class, dammit. It's only with have/of and then/than. What is the technical English term for the part of the sentence that I failed at?

        It's called fail.
























        Click here to enlarge

        BTW that's the third one...
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