BMW of North America, LLC
MARCUS V. BMW OF NORTH AMERICA, LLC, ET AL., CIVIL ACTION NO. 08-CV-05859-KSH-PS (D. N.J.)
In recent years, BMW has equipped its vehicles with run-flat tires manufactured by Bridgestone. Plaintiff, who leased a BMW with Bridgestone run-flat tires, alleges that BMW and Bridgestone failed to disclose that the run-flat tires are defective, prone to pop from normal driving, unrepairable and extremely expensive to replace.
As a result of the placement of these defective Bridgestone run-flat tires on BMWs, Plaintiff commenced a class action in the United States District Court, District of New Jersey against defendants BMW of North America, LLC; Bridgestone Americas Tire Operations, LLC, and Bridgestone Corporation for violations of the Magnuson-Moss Warranty Act, the New Jersey Consumer Fraud Act, breach of the implied warranty of merchantability, breach of express warranty, and breach of contract.
On December 18, 2009, the Honorable Katharine S. Hayden held oral argument on the motions to dismiss filed by the defendants, as well as BMW of North America's motion to strike plaintiff's class action allegations. In a decision read from the bench, Judge Hayden denied the motions to dismiss of all defendants in their entirety, and also denied BMW of North America's motion to strike plaintiff's class action allegations.
Plaintiff will file his motion for class certification on April 5, 2010.
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