It's not a class issue. They're all separate misrep suits against the specific dealers for non-disclosure and/or fraud. All of the track cars are sent to auction so BMW NA has no liability. However, there could be a consumer basis to go back through the supply/ distribution chain of the good back to them for non-disclosure on public policy reasons.
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Originally Posted by Thescout13
I am an attorney myself and often litigate complex class actions on the defense side. All I am trying to say is that I do not see the facts that support a strong class action case. At least not one worth the risk to take it on contingency. But then again, from this thread I only see a sliver of the facts. Maybe with some additional information/discovery the facts will change. However, given how the dealerships and BMW NA and BMW Performance center are structured, it will be hard at the very least re jurisdiction. That being said, any such case would probably hang at the pleadings/class cert stage for months if not years. That is a big risk for any lawyer.
Disclaimer: This post is not meant to give any legal advice and is only my personal opinion from my experience. I am not your lawyer or anyone's lawyer on this site. Just a participant with some experience.
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