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Investigations

Important Update on BMW E9x M3 Bearing Class Action

Goldman Scarlato & Penny, along with co-counsel, filed a class-action lawsuit in New Jersey federal court on behalf of owners of BMW E9x M3s (MY 2008—2013) containing the S65 motor (the “Class Vehicles”). The lawsuit claims that the BMW S65 motor suffers from a defective rotating assembly that results in excessive bearing wear which can (and often does) lead to catastrophic engine failure. The lawsuit is seeking to recover the cost of repairs and other out-of-pocket expenses incurred by owners of the Class Vehicles.

On January 15, 2016, BMW asked the court to dismiss plaintiff’s lawsuit. One of the arguments BMW made is that the case is too broad and shouldn’t cover anyone outside of California, because that’s where the named plaintiff resides. According to BMW’s argument, because there are no plaintiffs from New Jersey, New Jersey law should not apply, and therefore any M3 owners in New Jersey or states other than California should not be part of the class action.

If you are an owner of an E9x M3, and have experienced a problem with your bearings, we are very interested in speaking to you.

The lawyers representing the Class are Paul Scarlato from Goldman Scarlato & Penny, Ben Siminou from Thorsnes Bartolotta McGuire LLP, and Matthew Schelkopf from McCune Wright, LLP. You can reach Paul Scarlato by email at scarlato@lawgsp.com or by phone at 484-342-0700. You can reach Ben Siminou by email at siminou@tbmlawyers.com or by phone at 619-236-9363, and you can reach Matt Schelkopf by email at mds@mccunewright.com.

In our legal system, every person is innocent until and unless found guilty by a court of law or a tribunal. Whenever we reference “allegations” or charges that are “alleged,” such allegations or charges have not been proven, and are merely accusations, not findings of fault, as of the date of the blog. We do not have, nor do we undertake, a duty to continue to monitor or follow cases about which we report, and/or to publish subsequent updates regarding various developments that may occur in such cases. Readers are encouraged to conduct their own research regarding any such cases and any developments that may or may not have occurred in such cases. Also, the brokercheck report linked to some of our blogs is the up-to-date version as of the date of posting. Visitors may check the most recent version of each brokercheck report at www.finra.org.

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