Drivers Fail To Prove BMW Cars Cheated On Emissions

Law360 (June 27, 2019, 10:20 PM EDT) -- A New Jersey federal judge on Thursday tossed a putative class action accusing BMW and Robert Bosch LLC of installing emissions-cheating software in vehicles, saying the car buyers hadn't adequately shown that they had bought vehicles containing such devices.

U.S. District Judge Kevin McNulty said drivers who bought BMW X5 or 335d diesel vehicles hadn't offered enough evidence that BMW of North America LLC colluded with Bosch to use defeat devices to hide the high levels of pollutants the vehicles were emitting.

"Rather," the judge said, "the complaint alleges that one six-year-old X5 model car with 60,000 miles on the odometer...

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