2nd Gen R56 Cooper S BMW Hit With Mini Cooper Engine Defect Class Action

Discussion in '2nd Generation: 2007+ R55 through R61' started by Nathan, Mar 14, 2013.

  1. Nathan

    Nathan Founder

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    #1 Nathan, Mar 14, 2013
    Last edited: Mar 14, 2013
    This came across my desk a little while ago. I don't have access to the site, I'm not in the legal field.

    If you have access then more can be found at BMW Hit With Mini Cooper Engine Defect Class Action - Law360

    For those with Pacer access:

    Case Number: 2:13-cv-01531

    Case Title: SKEEN et al v. BMW OF NORTH AMERICA, LLC et al

    Court: New Jersey
     
  2. N2MINI

    N2MINI MINI of the Month

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    Be interesting to hear more on that as it unfolds.. if it unfolds.
    BMW might put a staple in it and sweep it under the door.
     
  3. JECO

    JECO Active Member

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  4. Tummi_Gummi

    Tummi_Gummi New Member

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    Someone register a free profile and copy and paste the text after u click read more:wink:
     
  5. Minidave

    Minidave Well-Known Member
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    One of our members here is an attorney, I pm'd him the info, let's see what he comes up with.....
     
  6. Crashton

    Crashton Club Coordinator

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    Wonder if this has anything to do with a certain thread on some NAMless site?
     
  7. Minidave

    Minidave Well-Known Member
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    I was wondering that too.....

    It always makes my spidey senses tingle when I read one of those threads, all that indignation and call to action - you know it's all an attorney trying to drum up bidness and hit the deepest pockets he can find.

    Every "successful" class action suit I've ever seen really only benefits the attorneys, those named usually get a voucher or some pittance for their efforts......but it's the principal of the thing right? "They" shouldn't be allowed to get away with this! Right?

    Yeah right......

    I asked in that thread what exactly they wanted from the mfr if they won? buy back all the 2007-2009 cars? New engines for all? Warranty forever?

    All I got was crickets.....
     
  8. Crashton

    Crashton Club Coordinator

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    Yes I heard those same crickets. You are correct the big winner in such law suits are the lawyers.
     
  9. Mach5

    Mach5 New Member

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    The lawsuit was just filed in the last day or so. It is a class action lawsuit seeking damages for people with the "N12" or "N14" motor. I haven't yet read the entire complaint, but from a brief overview it appears to be a complaint about defective timing chain tesioners, which apparently let go and "cause catastrophic engine failiure."
     
  10. Mach5

    Mach5 New Member

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    More on the MINI Lawsuit

    This is a suit involving MY 2007-2009 vehicles only. The complaint is pretty detailed, including photos of the design of the motor.

    I have attached a copy, for anyone who is interested.

    BTW, I do not live or practice in New Jersey, do not handle class action lawsuits, and have no vested interest in the outcome of this case (particularly since I own a 2004 JCW and this lawsuit does not pertain to my vehicle).
     

    Attached Files:

  11. Dave.0

    Dave.0 Helix & RMW Powered
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    Your honor I would like to call our first witness.........


    Mr. Carbon......:devil:



    Your witness Mr. Walnut
     
  12. Minidave

    Minidave Well-Known Member
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    Uh, the two situations are completely unrelated, carbon fouling vs timing chain failures.....

    Unless you're suggesting there should be a class action against BMW/MINI over the carbon fouling issue.....that one might actually have some merit, and force them to come up with a solution or give us free carbon walnut shell blasting every 30K or something. I would support that idea.....

    I figured this was a chain tensioner suit, and I'll bet it is the one we were discussing on that sewing site.....

    To me the biggest disservice that will come from this is the halo bad publicity that the regular (uninformed) media will start breathlessly throwing at us in the name of the public's right to know.
     
  13. Justa Jim

    Justa Jim Well-Known Member
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    Having a 2009 I was concerned until I realized it was the "S", not the "justa". So there you have it. :lol::lol::lol::lol:

    Jim
     
  14. Dave.0

    Dave.0 Helix & RMW Powered
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    I can't wait until FOX news covers the story and puts the FOX spin on it.
     
  15. Minidave

    Minidave Well-Known Member
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    Exactly.

    Well, I just read the text and it is full of incorrect information and assumptions......if nothing else BMW's attorneys should be able to tear this thing to bits strictly on technical issues.

    However, the core part of the suit is true, the tensioners fail before they should, and when they do it creates catastrophic and expensive failure.

    It's interesting that the one guy claims to have replaced his entire engine for $3800 at 74K miles, which tells me MINI must have paid for part of it.

    I was called to testify in a Porsche case once, fortunately or not I never went on the stand, but I hope BMW has better lawyers than Porsche did in that case. This guy was a grandstanding ass, who clearly had no idea of what his case was about or how to defend it. When it was his turn.... his defence consisted of yelling loudly for emphasis like he was on TV in a courtroom drama, then when he was done, he winked at me and smirked, like he was Clarence Darrow or Mr. Burger or something. Porsche lost that one, big time.....Ms Perrywinkle Mason for the plaintiff tore Porsche a new one on that case.

    I've commented many times on the sewing site forum that the so-called death rattle had nothing to do with a tensioner issue, that what they were hearing on cold startup was not the tensioner, but like the term "stealership", it's gained an internet life of it's own, and now anytime someone hears the normal diesel sound of these engines when cold they assume their tensioner is bad and the engine is going to blow up. sheesh.

    I hope the next gen of BMW engines at least sound better than these, cause these things are not pleasant to listen to.....they made a real error in not tuning them to at least sound better, if nothing else.

    I hope Mach V can keep us in the loop on this one, I'd like to follow it, closely.

    I still wonder exactly what they expect to get from BMW on this.
     
  16. Minidave

    Minidave Well-Known Member
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    BTW, the tensioners do not "let go", instead they never pressurize properly on startup, till the engine hit's a certain rpm, then they come in immediately - at least that's what mine did, it was replaced at 3K and I've had no issues with it since.

    The big problem with these is people who don't realize that something's wrong and continue to drive the car anyway. Those are the chains that get stretched beyond the length that the tensioner can support, then the chain is loose and banging around, and eventually breaks the guides, teeth on the sprockets or jumps time. Bang, that engine's toast.

    Sometimes parts of the plastic guides break off and jam in the chain sprocket, causing the engine to jump time. Lots of ways these can cause a failure of the engine, but it all relates back to the same thing, tensioner failure.
     
  17. mrntd

    mrntd Well-Known Member
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    The FOX spin? Once ABC or NBC or CBS gets hold of it the MINIs will explode when you look at them sideways on a Sunday drive.
     
  18. Mach5

    Mach5 New Member

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    Actually, I think the lawsuit is for both the naturally aspirated and the turbo models.


    I wonder what this will do for resale value for ALL MINIS. :-(
     
  19. solli

    solli New Member

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    My 2010 cooper S experienced tensioner failure at 13k under warranty. Dealer replaced chain and components. I have a ton of carbon on my pipes but was told this is normal. I sent a NJ lemon law letter to corporate on the 13th, as the suspension was ridiculously faulty and I'd been to the dealer five times over it.

    I posted that issue on the "Why is everyone's MINI Breaking?" thread. Gotta say tho, the service guys at the dealership were great - they called in a rep who pinpointed the problem as the front sway bar bushings.
     
  20. Minidave

    Minidave Well-Known Member
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    Interesting, I recently had my car back for another try at finding a clunk in the front end, the answer? Front sway bar bushings!

    Mine's a 2009 and I started hearing it at about 20K miles, I now have 46K on it and just reached warranty escape velocity......
     

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