9th Circuit Finds Purchaser Sufficiently Pleaded Defect Claims Against BMW

Mealey's (March 27, 2018, 11:55 AM EDT) -- PASADENA, Calif. — The Ninth Circuit U.S. Court of Appeals on March 22 reversed a district court’s ruling dismissing claims for breach of warranty and violation of California’s unfair competition law asserted against a vehicle maker, finding that a purchaser sufficiently alleged that brake defects pose a substantial safety hazard and that the maker had a safety-based duty to disclose potential hazards (Norik Barakezyan v. BMW of North America LLC, et al., No. 16-56094, 9th Cir., 2018 U.S. App. LEXIS 7230)....