Lewis Brisbois Class Action Team Secures Ninth Circuit Victory in BMW Battery Suit

Los Angeles, Calif. (March 30, 2023) – Los Angeles Partners Eric Y. Kizirian, Michael K. Grimaldi, and Zourik Zarifian recently secured a significant appellate win on behalf of BMW when the U.S. Court of Appeals for the Ninth Circuit affirmed the lower court’s grant of summary judgment in favor of Lewis Brisbois’ client.

As a Law360 article titled “9th Circ. Snuffs BMW Drivers' Electric-Car Battery Suit” explains, the underlying matter involved a consolidated class of consumers who alleged that they overpaid for BMW’s i3 compact electric sedan because these vehicles had a purportedly defective “range extender” feature. They contended that the range extender, which was supposed to recharge low batteries, caused the cars to suddenly decelerate or experience reduced power when the battery state of charge dropped to near depletion. In a decision that Law360 reported upon previously, the district court granted BMW’s motion for summary judgment. The plaintiffs subsequently appealed.

On appeal, a three-judge panel similarly rejected the consumers’ claims, concluding that they failed to present any evidence of a defect. The panel explained that without any expert testimony establishing the existence of an actual design defect in the range extender feature, the plaintiffs failed to satisfy their evidentiary burden and none of their individual or class claims could not stand.

Mr. Kizirian told Law360 that he was pleased with the Ninth Circuit’s decision. "The district court's decision was correct in all respects, and I'm glad the Ninth Circuit panel unanimously shared that same view," he stated.

Mr. Kizirian serves as co-chair of Lewis Brisbois’ Class Action & Mass Tort and Consumer Warranty Practices. He specializes in defending class actions and complex litigation across the United States, litigating in the United States Supreme Court, federal and state appellate courts, and various district and state courts across the country.

Mr. Grimaldi is a senior member of Lewis Brisbois’ Class Action & Mass Tort Practice. He specializes in defending all types of class actions and complex/aggregate litigation, routinely defending businesses in federal and state courts around the country.

Mr. Zarifian is a member of Lewis Brisbois’ Class Action & Mass Tort Practice. He focuses his practice on complex litigation matters, including class action, mass torts, and products liability.

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