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      12-10-2015, 02:34 PM   #1
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N63 - class action lawsuit update

UPDATE from David P. Barclay to PAX5:

"We are currently consolidating our case with another case that was filed in the U.S. District of New Jersey regarding the N63 engine. This is common in class actions against major corporations involving expensive products. It appears that proceeding with the case in New Jersey has a number of legal advantages (namely, the 3rd Circuit Court of Appeals is more favorable towards class actions). This process should take a couple weeks, and requires making a number of decisions about the case going forward. Among these are what factual allegations to include, what theories of liability to pursue, what causes of action to pursue, the specific parameters of the class definition, and dozens of smaller choices.

I suspect I will be able to give you a full, substantive update about the case going forward, including final answers to all these questions sometime in the next couple weeks.

Additional questions being posed to owners:

1. Have you ever had problems with burning oil or your battery having to be replaced?

2. How long after you purchased the vehicle did it first need repairs?"


David P. Barclay
Wagstaff & Cartmell LLP
4740 Grand Avenue, Suite 300
Kansas City, MO 64112
Direct: (816) 701-1170
Fax: (816) 531-2372
www.wagstaffcartmell.com
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      12-12-2015, 01:32 PM   #2
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So there's class action litigation against the N63 issues? I hadn't heard about this. Details?
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      12-12-2015, 02:17 PM   #3
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Quote:
Originally Posted by PAX5
UPDATE from David P. Barclay to PAX5:

"We are currently consolidating our case with another case that was filed in the U.S. District of New Jersey regarding the N63 engine. This is common in class actions against major corporations involving expensive products. It appears that proceeding with the case in New Jersey has a number of legal advantages (namely, the 3rd Circuit Court of Appeals is more favorable towards class actions). This process should take a couple weeks, and requires making a number of decisions about the case going forward. Among these are what factual allegations to include, what theories of liability to pursue, what causes of action to pursue, the specific parameters of the class definition, and dozens of smaller choices.

I suspect I will be able to give you a full, substantive update about the case going forward, including final answers to all these questions sometime in the next couple weeks.

Additional questions being posed to owners:

1. Have you ever had problems with burning oil or your battery having to be replaced?

2. How long after you purchased the vehicle did it first need repairs?"


David P. Barclay
Wagstaff & Cartmell LLP
4740 Grand Avenue, Suite 300
Kansas City, MO 64112
Direct: (816) 701-1170
Fax: (816) 531-2372
www.wagstaffcartmell.com
Hello David,

You may have a fundamental misconception about these engines.


These are performance engines. If you put the N63 on a test stand, and set the throttle to wide open, with an appropriate load on the test, these engines will drink oil and gulp fuel.

Now, this is a fact.

BMW has implemented an energy efficiency so that driving these cars for daily will not be so consuming.


And, if you baby these cars you can reduce oil and fuel consumption.

There is no defect with these engines.

Rather, it's one of perception. Perhaps, you may have a case if the public was unaware that their car is a tiger in sheep's clothing then I suppose that's deceptive.

But, after 20 years of BMW ownership, I will vehemently stand behind BMW to say BMW has delivered on its promises to me.
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      12-12-2015, 04:52 PM   #4
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Quote:
Originally Posted by BMWrules7 View Post
Hello David,

You may have a fundamental misconception about these engines.


These are performance engines. If you put the N63 on a test stand, and set the throttle to wide open, with an appropriate load on the test, these engines will drink oil and gulp fuel.

Now, this is a fact.

BMW has implemented an energy efficiency so that driving these cars for daily will not be so consuming.


And, if you baby these cars you can reduce oil and fuel consumption.

There is no defect with these engines.

Rather, it's one of perception. Perhaps, you may have a case if the public was unaware that their car is a tiger in sheep's clothing then I suppose that's deceptive.

But, after 20 years of BMW ownership, I will vehemently stand behind BMW to say BMW has delivered on its promises to me.
I did notice the same result. When i drive around in normal mode (borning, car doesn't rev higher than 2k) oil consumption is very low. did a test for a few weeks, and 7 hour long distance drive. But when i have fun, (sport mode) i notice the oil consumption is higher.
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      12-13-2015, 06:55 AM   #5
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pax5:

Such a lawsuit will cost all BMW owners when BMW passes the costs on to all of us as owners through higher costs for cars and services. Class actions always result in pennies for class members and huge sums to attorney's for their fees, supposedly to protect class members. No thanks!

BMW honored its warranty and replaced me battery once and performed repairs on my N63 engine before it experienced any issues. They gave me a loaner and for two days and hand washed and vacumed my car. BMW did exactly what it promised to do. My 550 runs flawlessly.

N63 owners need to tell these lawyers to go suck some money from somewhere else!
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      12-13-2015, 08:40 AM   #6
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I agree entirely with the previous post. BMW did the right thing when the N63 problem came to light, the CCP was handled extremely well. Trying to sue BMW under these circumstances just reeks of greed.
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      12-14-2015, 10:04 AM   #7
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Fuel injectors should be covered for the life of the vehicle, imo.
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      04-17-2016, 11:17 AM   #8
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I want someone to reach out to me about my 2010 550i Gran turismo. What a joke! I've had nothing but problems since I have owned this car. Turbos, fuel injectors, oil consumption 1qt every 2 weeks, cool packs, drive line malfunction every other road trip. Same issues, same repairs and over and over again same results. Something bad is wrong here and BMW is covering it up for sure. Any help would be appreciated. BMW of Chattanooga had my car again for 2 weeks fixed it (so they claimed) and the fix didn't last 150 miles! So now it's time to take it back in (if I can get it to limo back home). UGH
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      04-17-2016, 02:38 PM   #9
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Quote:
Originally Posted by PAX5
UPDATE from David P. Barclay to PAX5:

"We are currently consolidating our case with another case that was filed in the U.S. District of New Jersey regarding the N63 engine. This is common in class actions against major corporations involving expensive products. It appears that proceeding with the case in New Jersey has a number of legal advantages (namely, the 3rd Circuit Court of Appeals is more favorable towards class actions). This process should take a couple weeks, and requires making a number of decisions about the case going forward. Among these are what factual allegations to include, what theories of liability to pursue, what causes of action to pursue, the specific parameters of the class definition, and dozens of smaller choices.

I suspect I will be able to give you a full, substantive update about the case going forward, including final answers to all these questions sometime in the next couple weeks.

Additional questions being posed to owners:

1. Have you ever had problems with burning oil or your battery having to be replaced?

2. How long after you purchased the vehicle did it first need repairs?"


David P. Barclay
Wagstaff & Cartmell LLP
4740 Grand Avenue, Suite 300
Kansas City, MO 64112
Direct: (816) 701-1170
Fax: (816) 531-2372
www.wagstaffcartmell.com
Also, isn't this document privileged?

Did y'all just blow your privilege by posting here?
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      04-17-2016, 03:18 PM   #10
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Quote:
Originally Posted by GTurismo View Post
I want someone to reach out to me about my 2010 550i Gran turismo. What a joke! I've had nothing but problems since I have owned this car. Turbos, fuel injectors, oil consumption 1qt every 2 weeks, cool packs, drive line malfunction every other road trip. Same issues, same repairs and over and over again same results. Something bad is wrong here and BMW is covering it up for sure. Any help would be appreciated. BMW of Chattanooga had my car again for 2 weeks fixed it (so they claimed) and the fix didn't last 150 miles! So now it's time to take it back in (if I can get it to limo back home). UGH
If that was truly happening since day 1, why didn't you lemon the car?

Every car is going to have bad apples of the bunch. Quality control can only go so far.
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      04-19-2016, 03:05 PM   #11
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This is good Keep us updated please
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      04-20-2016, 11:38 AM   #12
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Quote:
Originally Posted by EL Jeffe 5
This is good Keep us updated please
Why is this good? The n63 is a fantastic motor. The only way BMW is going reduce oil burning at high revs is to reduce performance.

Talk to ANY person that tracks their N63. They will tell you: (1) The gas tank will be depleted quickly (2) oil will need to be added: over a quart.

Every N63 driven really hard is going to require oil. If you drive like a grandma most of the time and then like a race car some of the time, you're going to need oil more frequently.

I am all for use of our legal system for settling disputes. But, let's make sure we indeed have a dispute.

The folks complaining about this motor were probably weaned on excellent (and boring) Japanese motors.

German motors perform. And they require oil. This is the last bastion left alone by the environmentalists.

These federal agencies have clipped every wing possible in trying to control the environmental impact of our motors. Now, if you force an oil consumption limit in BMW, your going to be trading monsters for pussies. Is that what you want? A pussified propulsion mechanism?

The problem is that BMW is eco friendly and BMW will create engines that sip oil: are you prepared for the consequence?
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      04-20-2016, 12:19 PM   #13
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"A pussified propulsion mechanism"

You just have to enjoy that phrasing.
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      04-20-2016, 01:15 PM   #14
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Quote:
Originally Posted by BMWrules7 View Post
German motors perform. And they require oil.
Not really... V8 TT engines from Audi and Mercedes don't do this. There are apparently issues with the N63 engine such as degrading valve guide seals resulting possibly from ineffective heat management. These issues evidently result in high oil consumption. There are relevant improvements in the N63TU, and BMW changed the heat management significantly in the latest N63TU2, so hopefully they got it under control now, but who knows.
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      04-20-2016, 01:28 PM   #15
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Quote:
Originally Posted by visualguy
Quote:
Originally Posted by BMWrules7 View Post
German motors perform. And they require oil.
Not really... V8 TT engines from Audi and Mercedes don't do this. There are apparently issues with the N63 engine such as degrading valve guide seals resulting possibly from ineffective heat management. These issues evidently result in high oil consumption. There are relevant improvements in the N63TU, and BMW changed the heat management significantly in the latest N63TU2, so hopefully they got it under control now, but who knows.
Every single BMW motor I have used during the past 20 years consumes oil when pressed hard.

The industry knows this. That's why the standards are so lax. BMW doesn't even consider it a leak until you surpass 1 Qt in 750 miles.

Now, if you break the engine in, these babies will not consume oil for daily driving.
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      04-20-2016, 02:06 PM   #16
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Class action suit does good only for lawyer(s) filling CAS . Consumers get pennies.
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      04-20-2016, 04:52 PM   #17
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Such powerful engines usually face problems, but I hope the big recall eliminated the problem with injectors. We'll see how it's going to be in a couple of years.
P.s. I'm kinda proud of this engine lol
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      05-03-2016, 01:29 PM   #18
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Quote:
Originally Posted by Russkey View Post
...
P.s. I'm kinda proud of this engine lol
Here's something to "proud of" - http://www.bimmerfest.com/forums/sho...postcount=1497

Or

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N63 CCP Recall Prompted Total Engine Replacement

Well I bought a beautiful 2012 650i Convertible CPO with 42k miles check out my video at
.

Well I took it for an oil change 2 weeks ago Monday April 18th, Wednesday they called and said they found some issues and awaiting a response from BMW NA. Friday the 22nd I got a call that my engine was blown and I would be getting a brand new $23k N63 engine (ACTUALLY PRICE). That took another week and picked the car up Friday April 29th.

N63 Post Repair Issues:

Within 50 miles in had a TPM Malfunction

Then at 150 miles I had a Drivetrain Malfunction and had to drive moderately. This reset and then pinged again when hitting the gas hard from a rolling start. Took back into dealership and they have now found a bad coil that needs to be replaced.

TOTAL Repair Bill so far has been NEARLY $32,000 of which BMW NA covered 100% of.
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      05-03-2016, 01:40 PM   #19
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Quote:
Originally Posted by PAX5
Quote:
Originally Posted by Russkey View Post
...
P.s. I'm kinda proud of this engine lol
Here's something to "proud of" - http://www.bimmerfest.com/forums/sho...postcount=1497

Or

jraencore
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N63 CCP Recall Prompted Total Engine Replacement

Well I bought a beautiful 2012 650i Convertible CPO with 42k miles check out my video at
.

Well I took it for an oil change 2 weeks ago Monday April 18th, Wednesday they called and said they found some issues and awaiting a response from BMW NA. Friday the 22nd I got a call that my engine was blown and I would be getting a brand new $23k N63 engine (ACTUALLY PRICE). That took another week and picked the car up Friday April 29th.

N63 Post Repair Issues:

Within 50 miles in had a TPM Malfunction

Then at 150 miles I had a Drivetrain Malfunction and had to drive moderately. This reset and then pinged again when hitting the gas hard from a rolling start. Took back into dealership and they have now found a bad coil that needs to be replaced.

TOTAL Repair Bill so far has been NEARLY $32,000 of which BMW NA covered 100% of.
BMW sold a lot of 550s. How often you hear such problems? A few cases? I still think it's an awesome monster engine.
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      05-11-2016, 12:14 AM   #20
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key is that BMW stands behind it's product.
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      05-13-2016, 12:55 PM   #21
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Quote:
Originally Posted by 435xiGCMsport
key is that BMW stands behind it's product.
They really do. Anyone harmed, but cooperates can generally get a buyback within 1 year.
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      05-13-2016, 05:25 PM   #22
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Quote:
Originally Posted by BMWrules7 View Post
They really do. Anyone harmed, but cooperates can generally get a buyback within 1 year.
Lol Still better than MB and Audi. Trust me had all three brands. Audi won't even assist on little things to retain customer and MB will just fix it over and over and over. Basically you live in the dealership.
BMW after a couple of months the same documented problem that they can't fix will eventually offer to buy the car back when contacted but it may take a while like you said. No body harm needed. haha
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