Law360, San Diego (October 06, 2014, 6:07 PM ET) -- A California federal judge on Friday tossed an $85 million putative class action accusing BMW of North America LLC of concealing defective water pumps in some Mini Cooper vehicles, ruling the plaintiff only vaguely alleged BMW knew about the defects. U.S. District Judge Margaret M. Morrow granted BMW’s motion to dismiss the suit after finding plaintiff Trish Herremans didn’t properly state a claim under the Consumer Legal Remedies Act or California's Unfair Competition Law. Herremans referenced internal testing, records of customer complaints, dealership repair records and... I'm not a lawyer so do not have a Law360 account to read the rest of this. To view the full article, register now.
I, also, am not a lawyer, but was going to read thru the article, especially when I saw the word "putative". Couple that with water pumps and we could be talking whores and all sorts of water thingies associated with them! :devil: However, upon reading your post a second time, I think your spell checker is off the mark and you should have written "punitive", instead.:arf:
"putative" is the correct word in this association with the MINI suit....meaning assumed to exist already. IOW, since MINI is part of the BMW empire, it is assumed that it would be responsible for any lawsuits MINI is found guilty of - the deepest pockets available and guilt by association. The judge decided otherwise - that's my take on it. I also am not a lawyer, nor do I play one on TV, nor did I sleep at a Holiday Inn Express last night, so I'll wait to hear what our law experts say. :biggrin5:
This article posted prior to the ruling being issued, but does provide some additional info. http://www.law360.com/articles/575220/bmw-says-suit-over-mini-pump-defect-can-t-beat-time-bar I gather she will never buy another car in her life of she thinks parts should never have the possibility of failing.