BMW, Bosch Duck RICO Claim In Car Emissions Cheating Suit


Law360 (June 25, 2020, 9:53 PM EDT) — A New Jersey federal judge on Thursday threw out part of a lawsuit alleging BMW and Robert Bosch LLC violated the Racketeer Influenced and Corrupt Organizations Act by installing emissions-cheating software in vehicles, while keeping alive car buyers’ state law claims.

U.S. District Judge Kevin McNulty said drivers who bought BMW X5 or 335d diesel vehicles can’t sue under RICO because they didn’t buy their cars directly from BMW of North America LLC or Bosch.

“The Third Circuit and courts in this district have repeatedly held that such indirect purchasers lack standing to assert RICO claims,” the judge said. “Under the…

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