BMW Remains in Opt-Out’s Suit Alleging Luxury Car Chugged Oil

Feb. 8, 2021, 8:21 PM UTC

A South Carolina driver who declined to join a class settlement over allegedly oil-guzzling BMW engines may proceed on his individual claims, a federal court in the state ruled.

Maurice Harrell’s allegations that BMW of North America LLC concealed the problem support his argument for a delay in the limitations period’s start, and he adequately alleged his fraudulent concealment claim, Judge Sherri A. Lydon said for the U.S. District Court for the District of South Carolina.

And a fresh review of state law indicates that fraud-based claims may proceed even where they are only for “economic loss,” or damage to ...

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