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IMS Class Action August 3rd Update. New Claim form Claims Posted

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Old 03-21-2013, 06:44 PM
  #226  
318touring
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After 16 pages it'd be rather hard trying to find the right information.

To get the discovery documents, would this be the right lawyer to contact?

Class Counsel
Stephen M. Harris, Esq.
KNAPP, PETERSEN & CLARKE
550 North Brand Boulevard, Suite 1500
Glendale, CA 91203

Quoting this case?

Eisen v. Porsche Cars North America, Inc. Case No. CV11-9405 CAS (FEMx)

I'm not familiar with legal terms etc., my apologies for the questions.

I'll probably be contacting our Commerce Commission asking them to investigate Porsche's 'unethical trading standards' by not doing anything on a widely known problems. Maybe.

I'll also be talking to an indie garage that has seen two failures this year and might get in contact with the owners of those vehicles.

Last edited by 318touring; 03-21-2013 at 06:45 PM. Reason: typo
Old 03-21-2013, 06:54 PM
  #227  
rpm's S2
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Originally Posted by 318touring
After 16 pages it'd be rather hard trying to find the right information.

To get the discovery documents, would this be the right lawyer to contact?

Class Counsel
Stephen M. Harris, Esq.
KNAPP, PETERSEN & CLARKE
550 North Brand Boulevard, Suite 1500
Glendale, CA 91203

Quoting this case?

Eisen v. Porsche Cars North America, Inc. Case No. CV11-9405 CAS (FEMx)

I'm not familiar with legal terms etc., my apologies for the questions.

I'll probably be contacting our Commerce Commission asking them to investigate Porsche's 'unethical trading standards' by not doing anything on a widely known problems. Maybe.

I'll also be talking to an indie garage that has seen two failures this year and might get in contact with the owners of those vehicles.
Being in NZ can't you just get Sauron or some Orcs to march on Porsche?
Old 03-21-2013, 07:17 PM
  #228  
Mike J
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That would be one dark lord marching on another - but which one has the true ring?
Old 03-21-2013, 08:12 PM
  #229  
DK570
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My VIN is included, but since I have a 2002, I'm past 10 years. Would I be eligible to ask for the discovery documents? I'd be interested to see. Not that I actually have to time to read through 4000 pages...
Old 03-22-2013, 04:42 AM
  #230  
318touring
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Originally Posted by Mike J
That would be one dark lord marching on another - but which one has the true ring?
Haha, very funny ....

Well anyone can give me any pointer whether I'm on the right track?
Old 03-22-2013, 12:05 PM
  #231  
LordVicious
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Originally Posted by 318touring
Haha, very funny ....

Well anyone can give me any pointer whether I'm on the right track?
Right train, right track, full steam ahead! Keep the orcs on standby.
Old 03-22-2013, 01:13 PM
  #232  
golftime
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Originally Posted by Mike J
That would be one dark lord marching on another - but which one has the true ring?
This says it all!
Old 03-22-2013, 09:45 PM
  #233  
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Originally Posted by rpm's S2
So doing a bit of math... Porsche is out at least $35,950,000 due to the IMS debacle.

$20,000,000 - to date warranty repairs
$15,000,000 - maximum pay out from class action suit
$950,000 - lawyers fees
I didn't see the question of legal fees addressed in the documents. However, the legal fees in this are likely 20% to 30% of the total settlement amount. It is very likely that the legal firm will receive an approximately equal amount to that received by a class member if they have a claim. Almost certainly there will be something in the documents that you'll need to sign before you receive a cheque that will assign a significant portion of recovery to the attorneys. You think these guys work for free? They didn't do this as a public service.
Old 03-22-2013, 09:47 PM
  #234  
spender
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Originally Posted by Cefalu
For those of you class members who want to opt out and go it alone, if I were you, I would obtain as much of the discovery info that Porsche has submitted as possible. There are 4,000 pages of documents, and the depositions of Porsche's USA head of warranty, and another technical guy from Porsche who has technical info about the bearing design.

You can get a huge head start with the work the class action lawsuit has already covered.

I don't know why the class action lawyers would care since their fee is fixed by the court and is unaffected by how many claims are made.
No one should opt out of this. Some people clearly don't have any idea of the cost or time commitment of pursuing a major lawsuit like this. Not that many lawyers work on pure contingency so you have to front a lot of cash to run a suit like this.
Old 03-22-2013, 10:25 PM
  #235  
sjfehr
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Originally Posted by spender
No one should opt out of this. Some people clearly don't have any idea of the cost or time commitment of pursuing a major lawsuit like this. Not that many lawyers work on pure contingency so you have to front a lot of cash to run a suit like this.
Unless my IMS blows up in the next few months, this lawsuit will be useless to me. Even if it does go, they've only negotiated 25% of the cost of replacement because I bought 3rd party. I can't help but think I'd have better results in small claims court using this lawsuit as precedent.
Old 03-23-2013, 09:59 AM
  #236  
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Thanks for the information and keeping us updated.
Old 03-23-2013, 10:53 PM
  #237  
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Wow... Lots of pages to plow through, both the legal documents and rennlist posts!

To me, looks like it falls out like this, assuming the proposed settlement is fully signed off:

Winners: These guys get worthwhile checks
1. Class action attorneys. $950,000 from PCNA. (dingdingding! We have the big winner!)
2. Current and previous owners of 01-05 Boxsters and 911's that had:
a. Purchased new or ACPO.
b. Meet the class definition by serial number (looks like most/all 01-05's)
c. Already experienced IMS related engine issues or failure.
d. Fixed the issues (as opposed to selling the vehicle with bad engine).
e. Repair costs were significant and unreimbursed by PCNA or insurance.
f. Have full and complete service documentation and receipts that clearly list the IMSB as a cause of the problem.
So-So: Something (25%) is better than nothing?
1. Current and previous 01-05 986/996 owners that:
a. Purchased used, non ACPO
b. - f. (as above)
2. Current owners of 2003-2004 986/996's that:
a. Might experience an IMS related failure in the near future (before 10 years in-service or 130,000 miles)
Losers: They get nada, bupkis, nyet (unless they opt-out and/or win a longshot separate settlement):
1. Owners that:
a. Had failures, but sold the car as-is at a reduced price.
b. Had failures, but have inadequate documentation per the settlement standard.
c. Installed preventative IMS bearings or warning devices.
d. Might have a failure in the future, but after 10 years in-service.
e. Have pre 2001 or post 2004 vehicles and experienced IMS failures
Old 03-23-2013, 11:16 PM
  #238  
Doug996InKC
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Nice summary PFBZ. Much appreciated.
Old 03-24-2013, 12:38 PM
  #239  
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guys ,thanks for your time and dedication trying to get the truth out of this lawsuit,anyways,i'm confused,i have a 04 c2 with 51k , original engine,no leaks and running strong,now i'm paranoid that my engine will blow,the vin WPOAA29984S620359,is mine on the range?,any help will be appreciated
Old 03-24-2013, 12:55 PM
  #240  
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Nice summary pfbz.

The other thing this does provide is more information for owners like myself who have been wondering what type of IMS was installed, assuming Porsche have provided the correct info.

I have an 05 Boxster S with a May build date, the only available info suggested my vehicle could have had the upgraded bearing but there was no accurate way to tell, well other than pulling the transmission.

The VIN's provided does not include my vehicle. A review indicates that there are no 05's built in Stuggart on the list, i.e. the ….5S…… in the VIN. There are 05 included but only those produced in Uusikaupunki (Finland), the …5U... in the VIN.

One could therefore summize that the Stuggart production line was provided with the upgrade bearing before the Finnish facility.

Hopefully these VIN's do provide an accurate picture, which of course doesn't totally exclude future issues, but may provide some owners with a less worrying scenario.

Oh and yes this is my first Porsche, bought privately, and I have been having a blast in the past year, happy driving to all.


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