BMW Drivers Can't Seek 3rd Circ. Revival Of RICO Claims Yet

By Jeannie O'Sullivan (March 25, 2021, 3:57 PM EDT) -- A New Jersey federal judge has refused to allow a proposed class of BMW drivers to immediately challenge the dismissal of racketeering allegations that the cars contained emissions-cheating software, reasoning Wednesday that it would be a "fruitless" appeal given the case law undergirding his decision.

U.S. District Judge Kevin McNulty declined to certify an interlocutory order for the drivers, knocking down the chance for Third Circuit review of his decision to toss the Racketeer Influenced and Corrupt Organizations counts in the drivers' suit, which still has dozens of pending state law claims.

The judge noted that an order of appealability must...

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