For this reason, it`s crucial for BMW owners to educate themselves early on and have a law firm by their side that can help you explain your legal rights and options when you receive an emissions class action notice. The BMW emissions scandal has been widely covered in the media, and there are many facts that American owners should consider when researching their legal options. In addition, investigators continue to collect evidence of the company`s emissions fraud internationally by searching BMW`s offices. The automaker has already been fined millions by European regulators for installing « faulty » engine software in its diesel vehicles – those fines came with the recall of thousands of vehicles in terms of emissions system fixes. From starting a business to selling or acquiring a business, Neil takes more time to ensure his clients not only understand the obligations, but are also familiar with the legal process. Our legal department is a dynamic group of experienced lawyers and lawyers who work hand in hand with their international colleagues to address the challenges we face as a global automotive brand. Each of the cases involving BMW diesel vehicles depends on the use of an illegal cheating or invalidation device to hide the actual level of emissions that a vehicle emits in normal operation. Although BMW advertised the X5 and 335D as a better emissions footprint and fuel economy, the 2018 class action lawsuit claimed that the emissions defeat device software was installed in the X5 and 335D diesel vehicles to pass emission standards in a test environment, when in fact, they emitted NOx levels that exceed federal law when used on the road. Similar to the allegations in the Mercedes class action lawsuit, the BMW vehicles in question aim to release excess NOx when the engine is operating at a lower temperature. In BMW`s case, it is alleged that NOx values are up to 34 times the legal limit if the engine is below 68 degrees, which happens to be the « permissible lower laboratory temperature limit for certification test cycles ». In short, due to temperature restrictions in laboratories testing vehicle emissions, assumed excess emissions could never be detected during regulatory testing efforts. The legal issues facing the automotive industry have spread to almost every major manufacturer or diesel vehicle.
BMW is no exception – the X5 and 335D are the subject of legal claims claiming that defeat devices are used to hide vehicle emissions beyond federal regulations. You can read the case and the allegations of misconduct here. Neil began his legal career in litigation with a firm specializing in automotive product liability class actions. Neil`s high-profile cases included an engine failure case against BMW of North America, LLC with a class comparison worth $365 million. After settling this case, Neil became an entrepreneur and co-founder of Modern Carbon Fiber, LLC, an automotive carbon fiber company. Neil then moved on to his corporate law practice with the goal of providing legal advice to other business owners. If you own these vehicles, it is important to take steps to protect your legal and financial interests. Unfortunately, emissions class actions almost always include all owners in their terms. In other words, without taking specific steps to exit the class action lawsuit and formally reject the terms of the settlement, each current and former owner is bound by the terms established between the manufacturer and the class action firm. The consequences of a class action lawsuit for owners who don`t pull out on time can be financially devastating – these regulations can limit your legal options in case a software update goes wrong and/or causes a variety of unexpected problems. Your expertise and legal acumen could play a critical role not only in protecting our brand at the national level, but also in anticipating and managing emerging risks that could have a global impact.
That`s why we`re always on the lookout for experienced lawyers and the brightest new lawyers to help us ensure our road law compliance, defend our brands, designs and fields – and provide our vehicles with the world-class representation they deserve at every turn of the road. Stern Law is dedicated to supporting vehicle owners by preparing individual claims against BMW for the same emissions violations claimed by a class lawyer. At no direct cost, you can keep abreast of class action developments and explore your legal options to opt out of a class settlement that does not meet your unique individual needs. While a class action lawsuit generally includes all owners in its terms, unless you follow the unsubscribe processes, we can help protect your financial and personal interests by making an individual claim. Neil communicates with his clients in a way that most other lawyers cannot. As a former entrepreneur and founder of start-ups outside of the practice of law, he understands the daily stress his clients experience. Its goal is to alleviate some of the stress caused by neglected legal practices and required legal action. Class actions are useful when many people seek compensation for a relatively small legal claim – for example, reimbursement of lost resale value for a car with a defective feature. All those who join the lawsuit share the disbursement or rules of the jury. The main concern for owners of the 2009-13 X5 and 2009-11 335D BMW is expected to be what could emerge from ongoing class action lawsuits and government investigations. Many people don`t understand the impact of emissions scandals and dismiss the problem assuming that a system that can provide them with better fuel economy and performance can`t hurt them.
In addition to the alleged environmental damage caused by excess NOx emissions, damage to people who own vehicles that are the subject of an emissions scandal, but in the way class actions are often resolved. Neil is admitted to the state of Texas and has been admitted to the bar of the federal district courts of the Western District of Texas and the Eastern District of Arkansas. In January 2016, a class action lawsuit (PDF) was filed by Kieva Myers, a Californian mother who accidentally locked her young child in a 2013 BMW X5 when the « Comfort Access » doors automatically closed.