The proposed settlement terms not only undercut class members' rights pursuant to Federal and State Lemon Laws but do so without giving class member proper notice thereof.
Los Angeles, CA (PRWEB) March 13, 2012
The Los Angeles, CA based Law Offices of Hovanes Margarian has filed a 149 page objection to the class action settlement terms in Nguyen v. BMW of North America LLC. The class action is based on allegations that an estimated 200,000 BMW vehicles equipped with twin turbo engines have a faulty high pressure fuel pump which renders the vehicles unsafe. After nearly two years of litigation the parties have reached a settlement agreement wherein each affected class member will received a free replacement of the high pressure fuel pump pursuant to an ongoing recall, plus payments ranging from $50 to $400 or an $800 BMW voucher. In his Objection, Margarian argues that these terms are inadequate as they undercut class members' rights pursuant to Federal and State Lemon Laws which entitled consumers to significant, if not full, refunds of all their payments when a vehicle is deemed to be defective. He also argues that the settlement agreement not only circumvents these laws but also asks class members to waive their legal rights without being properly advised. According to Margarian, the settlement class should be re-evaluated and divided into sub-categories consisting of class members who qualify for statutory Lemon Law repurchases, class members who qualify for significantly larger diminution of value damage awards, and class members who qualify for recoveries within a smaller range of sums. In total, Margarian requests that the total class recovery be increased from an estimated $42 million dollar sum pursuant to the average expected payout based on the settlement agreement to a whopping $1 billion and $140 million dollar sum. Furthermore, Margarian request to be certified as class co-counsel in these proceedings to contribute his expertise in determining a more fair and appropriate resolution for the class members. The Objection to the proposed class settlement in Nguyen v. BMW of North America, LLC, Case No. 3:10-cv-02257-SI, is scheduled for oral arguments in the U.S. District Court for the Northern District of California before the Honorable Susan Illston on March 16, 2012 in San Francisco, CA.
Hovanes Margarian, Esq. has been counsel on over one thousand consumer fraud and automobile warranty breach cases and litigated cases against a wide range of corporate giants. His clients consist primarily of consumers whose rights have been violated through unlawful business practices. Margarian earned his undergraduate degree Cum Laude from USC and his Juris Doctorate degree also from USC's prestigious Gould School of Law. Margarian has recently been recognized by a nationwide bar association as one of its top 20 rising attorneys under the age of 40. Among his peers he has gaining recognition for being an aggressive yet respectable litigator with an unprecedented amount of inside knowledge of the automotive industry and an uncanny vigor to fight for consumer rights.
For more information about the Objection filed in the Nguyen v. BMW of North America, LLC class action, including copies of Court documents, or information about the Law Offices of Hovanes Margarian please visit http://www.MargarianLaw.com. To schedule an interview with Hovanes Margarian, Esq. please contact us via email at info(at)margarianlaw(dot)com or call 818.990.0418.
The Law Offices of Hovanes Margarian
The Consumer Protection Advocates
13425 Ventura Blvd., Suite 303
Sherman Oaks, CA 91423