BMW Dodges Rollaway Defect Suit Due To Recall

Law360, Chicago (July 30, 2013, 3:32 PM EDT) -- BMW of North America LLC won out Friday on its bid to have a putative class action alleging it concealed a rollaway defect in many of its vehicles thrown out, with a California federal judge ruling that a recall of the cars rendered the case moot.

U.S. District Judge Gary A. Feess agreed with the automakers argument that, just as the Tenth Circuit recently held in a similar case, the company's recall under the National Traffic and Motor Vehicle Safety Act gives plaintiff Justin Cheng the...
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