BMW X5 and 355d Diesel Vehicles
June 2019: A federal judge dismissed the complaint without prejudice concluding that plaintiffs failed to adequately allege they were injured. To read the entire decision and learn more about the reasons for the dismissal, click here.
August 2018: A Consolidated Class-Action Complaint was filed.
March 2018: A class-action lawsuit was filed against BMW for allegedly promoting its X5 xDrive35d and 355d diesel vehicles as clean, environmentally friendly, emitting “[l]ess emissions,” and meeting emissions standards in all 50 states when, according to the complaint, testing shows that the vehicles emit higher levels of NOx than gasoline vehicles, as well as higher than what BMW advertised and than what the law allows. According to the complaint, software in the vehicles reduces or turns off emissions controls when the vehicles are not being tested. In addition, the complaint alleges that the promised power, fuel economy, and efficiency are achieved only when the emissions controls are turned off or reduced. (Rickman et al v. BMW of North America LLC et al, Case No. 18-cv-4363, D.N.J.)
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When a complaint is dismissed without prejudice, an amended version of the complaint can be refiled.