ABBEY SPANIER OBTAINS NEW JERSEY CLASS IN LAWSUIT OVER BMWs WITH RUN-FLAT TIRES
On November 19, 2010, Judge Katharine S. Hayden determined that Jeffrey Marcus, represented by Abbey Spanier and co-counsel, can proceed on behalf of a New Jersey class of BMW drivers whose cars came equipped with Bridgestone run-flat tires. The complant alleges that the tires are defective and highly susceptible to road hazard damage, are exorbitantly expensive and are unrepairable in the event of even a small puncture. The complaint also alleges that the defendants failed to disclose multiple problems with the tires. In coming to her decision, Judge Hayden noted that the documents in the case show that the defendants were aware of problems with the tires--one defendant's internal documents voiced concern that there is "no future" for run-flat tires--and therefore the defendants' documents "demonstrate that the class members can establish, using common proofs, what the defendants knew about run-flat tires and what they withheld from customers."