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 [email protected] or by phone at 484-342-0700. You can reach Ben Siminou by email at [email protected] or by phone at 619-236-9363, and you can reach Matt Schelkopf by email at [email protected].