Ninth Circuit Revives BMW Brake Class Action

Ninth Circuit Revives BMW Brake Class Action

The U.S. Court of Appeals for the Ninth Circuit revived a putative class action alleging that carbon ceramic brakes on BMW vehicles were defective and therefore breached the car maker's express warranty and the implied warranty of merchantability.  The trial court had dismissed the action on the grounds that because all of BMW's carbon ceramic brakes exhibited the defect, the problem could not be a manufacturing defect.  The appeals court, however, held that "under California law a manufacturing defect encompasses instances where products differ, even uniformly, from a manufacturer's intended result or design."  [3/23/18]

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