After years of legal wrangling, a judge has approved a class action settlement between BMW North America LLC and a group of primary plaintiffs. Lead plaintiffs Eric Anderson and George Catalano alleged in a class action lawsuit that BMW manufactured defective vehicles that allowed water to enter the vehicles and in the process, destroy sensitive electronic components. The plaintiffs claim the water access might be prompted by clogged sunroof drainage tubes or by some other means of entrance into the affected BMW vehicles. Another charge levied against BMW asserts the German Automaker designed vehicles that placed sensitive electronic components in the lowest section of the vehicles. The placement of the electronic components put the entire electrical system close to the water entering the vehicles.
The BMW defendants deny all of the claims made in the class action lawsuit, but the defendants have agreed to the class action settlement to avoid the possibility of losing numerous cases in civil court. According to class counsel, the BMW settlement resolves two class action lawsuits: Catalano v. BMW of North America LLC and Sharma v. BMW of North America LLC. The United States District Court for the Northern District of California handled both class action lawsuits.
What You Need To Know
Class members have until May 29, 2017 to opt out of the settlement or dispute any part of the agreement. The class action settlement defines class members as consumers living in the United States and Puerto Rico who purchased a BMW 5 Series model between 2004 and 2010. The potential award includes “free inspection, relocation, and repair or replacement of the affected electronic components, or reimbursement of up to $1,500 for previously incurred out-of-pocket expenses for the relocation, repair, or replacement of the affected components.” Class members who request compensation for out of pocket expenses must provide documentation that includes the BMW Vehicle Identification Number, as well as the repair order for the vehicle.
Class members must file a valid claim form by June 28, 2017. Both class action lawsuit cases have scheduled a final hearing on July 28, 2017. With several stipulations added to the approved class action settlement, we encourage eligible class members to review the website www.e6061WaterIngressSettlement.com to stay on top of new developments. William A. Kershaw and Ian J. Barlow from Kershaw Cook & Talley PC, Edward A. Wallace from Wexler Wallace LLP, and Robert L. Starr from The Law Office of Robert L. Star form the class counsel for the class action settlement. BMW has hired Christopher J. Dalton of Buchanan Ingersoll, & Rooney PC to handle defense counsel responsibilities.
