BMW Drivers Not Typical Of Class In Engine Defect Suit

Law360 (June 1, 2020, 2:02 PM EDT) -- A New Jersey federal judge has rejected a bid from two BMW drivers to certify classes in their suit against BMW of North America LLC alleging the company sold cars with defective engines, saying the experiences of the two named plaintiffs are not typical of one class they seek to represent.

U.S. District Judge Madeline Cox Arleo ruled Friday that because plaintiff David Afzal had several modifications performed on his vehicle and Andy Dechartivong regularly took his BMW to a race track and once accelerated it past the revolutions-per-minute limit, they failed to show that their experiences would translate to other members...

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