Marcus v. BMW of N. Am., LLC, No. 11-1192 (3d Cir. 2012)Annotate this Case
In 2007, Marcus leased a 2007 BMW from a dealership in New Jersey. Marcus suffered four “flat” tires during his three-year lease. Each time, he drove his car to a BMW dealership in New York and had the tire replaced. BMW billed Marcus between $350 to $390 for parts, labor, fees, and taxes. In each instance, the run-flat tires (RFT) worked as intended. Marcus sued Bridgestone, asserting consumer fraud, breach of warranty, and breach of contract claims. He claims that Bridgestone RFTs are “defective” because they: are highly susceptible to flats, punctures and bubbles, and fail at a significantly higher rate than radial tires or other run-flat tires; cannot be repaired, only replaced, in the event of a small puncture; and are “exorbitantly priced.” He claimed RFT-equipped BMWs cannot be retrofitted to operate with conventional tires, and that they are difficult to replace. The district court certified the suit under FRCP 23(b)(3) as an opt-out class action on behalf of all purchasers and lessees of certain model-year BMWs equipped with Bridgestone RFTs sold or leased in New Jersey with tires that have gone flat and been replaced. The Third Circuit vacated. Marcus’s claims do not satisfy the numerosity and predominance requirements.