The judge rejected BMW’s argument that because Greene’s “information and belief” allegation does not satisfy the plausibility pleading requirements under Twombly, he has not stated an NJCFA claim. “The SAC cures this defect: It alleges, upon information and belief, that BMW ‘knew with certainty that the tires would fail.’” “In its prior opinion, the court dismissed Greene’s NJCFA claim against BMW because Greene failed to allege that BMW knew with certainty that the tires would fail,” Judge Martini said. Martini said although he dismissed it in a previous complaint, he will allow it to proceed. BMW sought to trim the New Jersey Consumer Fraud Act claim from Greene’s second amended complaint, but U.S. Plaintiff David Greene has alleged that the Potenza Run Flat Tires on his leased BMW 335i convertible provided him with an unreliable and dangerous ride by forming dangerous sidewall bubbles within one year of leasing the car. Law360, New York (January 08, 2014, 1:33 PM ET) - A New Jersey federal judge on Monday shot down Bridgestone Americas Tire Operations LLC and BMW of North America LLC’s bid to toss a proposed class action accusing the companies of selling defective tires, finding the allegations have been adequately pled.
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