— A BMW X5 xDrive35d and BMW 335d emissions class action lawsuit has been preliminarily settled after owners alleged the vehicles emitted illegal levels of emissions.
The BMW emissions lawsuit settlement includes 2009-2013 BMW X5 xDrive35d and 2009-2011 BMW 335d diesel vehicles.
The lawsuit, first filed in March 2018, joined numerous other lawsuits against several automakers accused of selling vehicles with illegal real-world emissions.
The BMW class action had been dismissed in the past, but resurrected as a consolidated lawsuit against the automaker.
The lawsuit alleges BMW equipped the vehicles with emissions software that caused the vehicles to pass official emissions testing, but in real-world driving the vehicles allegedly emitted illegal levels of nitrogen oxides.
BMW denies the claims and allegations of the emissions lawsuit and says it agreed to settle the case to put an end to the expensive five-year litigation.
What will affected customers receive? Right now it's difficult to know as the class action hasn't received final approval from the court.
"Settlement Class Members who submit a Valid Claim will be entitled to a Cash Award in an amount proportional to their length of ownership and/or lease of the Class Vehicle."
Affected owners will receive notices in the mail, and the judge will hold a final approval hearing September 19, 2024.
The 18 BMW owners who filed the class action will receive $5,000 each, and attorneys representing the plaintiffs will receive $1,998,000 in fees and $1,000,000 in costs.
The BMW diesel emissions lawsuit was filed in the U.S. District Court for the District of New Jersey: Rickman, et al., v. BMW of North America LLC, et al.
The plaintiffs are represented by Carella, Byrne, Cecchi, Olstein, Brody, Agnello, P.C., Hagens Berman, and Seeger Weiss.