Isley V. BMW of North America, LLC Et
Case 2:19-cv-12680-ES-MAH Document 1 Filed 05/17/19 Page 1 of 53 PageID: 1 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY THOMAS ISLEY, on behalf of himself and all others similarly situated, Civil Action No.: Plaintiff, v. CLASS ACTION COMPLAINT BMW OF NORTH AMERICA, LLC and BAVARIAN MOTOR WORKS AG, JURY TRIAL DEMANDED Defendants. The allegations herein are based on personal knowledge as to Plaintiff’s own conduct and are made on information and belief as to all other matters based on an investigation by counsel. INTRODUCTION 1. This is a putative class action against BMW of North America, LLC (“BMW NA”) and Bavarian Motor Works AG (“BMW AG”) (collectively “BMW”) on behalf of individuals who purchased or leased a 2012-present BMW automobile equipped with any variant of the N63TU engine, including certain model years of the BMW 5 Series, 6 Series, 7 Series, X5, and X6 (the “Class Vehicles”).1 2. BMW cars containing the N63TU engines and its subsequent variants are defective and were deceptively marketed and sold to consumers. As described in greater detail 1 Upon information and belief, the Class Vehicles include the rear-wheel drive and all-wheel drive variants of the following BMW models: 2013-2019 750i/750Li, 2013-2018 650i, 2013- 2019 650i Gran Coupe, 2013-2016 550i GT, 2014-2016 550i, 2017-2019 M550i, 2018-2019 M850i, 2014-2019 X5, 2014-2019 X6, and 2018-2019 X7. 1 Case 2:19-cv-12680-ES-MAH Document 1 Filed 05/17/19 Page 2 of 53 PageID: 2 below, BMW cars equipped with BMW’s turbocharged V8 engines have long suffered from a defect causing excessive oil consumption (the “Oil Consumption Defect”).
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