Legal Opinion
Oscar v. BMW of North America, LLC
District Court, S.D. New York
Decided June 7, 2011No. 09 Civ. 11(RJH)PublishedCited by 17 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
RICHARD J. HOLWELL, District Judge:
Gerarld Oscar (“Oscar”) brings this putative class action against BMW of North America, LLC (“BMW”) alleging that the Goodyear run-flat tires (“RFTs”) with which his 2006 MINI Cooper S was equipped were defective. He brings suit under New York law for breach of contract, breach of express warranty, breach of implied warranty, deceptive business practices under N.Y. Gen. Bus. Law § 349, and false advertising under N.Y. Gen. Bus. Law § 350. He also brings suit under the Magnuson-Moss Warranty Act (“MMWA”), 15 U.S.C. § 2301 et seq.,…
2Cases cited36 opinions
- Goshen v. Mutual Life InsuranceNew York Court of Appeals · 2002
- Myers v. Hertz Corp.Court of Appeals for the Second Circuit · 2010
- Small v. Lorillard Tobacco Co.New York Court of Appeals · 1999
- Veronica Caridad, Individually and on Behalf of All Others Similarly Situated v. Metro-North Commuter RailroadCourt of Appeals for the Second Circuit · 1999
- Marisol A. ex rel. Forbes v. GiulianiCourt of Appeals for the Second Circuit · 1997
31 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Marcus v. BMW of North America, LLCCourt of Appeals for the Third Circuit · 2012
- Belfiore v. Procter & Gamble Co.District Court, E.D. New York · 2015
- Kurtz v. Kimberly-Clark Corp.District Court, E.D. New York · 2017
- Porrazzo v. Bumble Bee Foods, LLCDistrict Court, S.D. New York · 2011
- Cholakyan v. Mercedes-Benz USA, LLCDistrict Court, C.D. California · 2012
12 more not listed; retrieve them via the Exa API.