BMW Tries To Put A Lid On Convertible-Jam Class Action

Law360, New York (August 12, 2013, 4:14 PM EDT) -- BMW of North America LLC asked a New Jersey judge on Friday to toss a proposed class action alleging the tops on its 6 Series convertibles are defective, chiding the plaintiff for refusing to accept that warranties expire and nothing is perfect.

The company cited a host of reasons why the suit should be tossed — including failure to state a claim, failure to allege an ascertainable loss and failure to plead a causal nexus — and suggested that plaintiff Robert Gray is pursuing fraud claims...
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