BMW of North America, LLC and Bridgestone Firestone North American Tire, LLC

Summary of Pending Case: On May 28, 2008, Shepherd, Finkelman, Miller & Shah, LLP, along with co-counsel, filed a Class Action Complaint on behalf of several Plaintiffs, against BMW of North America, LLC ("BMW") and Bridgestone Firestone North American Tire, LLC (“Bridgestone”) in the United States District Court for the District of New Jersey, Civil Action No. 2:08-CV-02619-KSH-PS. This action was assigned to the Honorable Katharine S. Hayden. The Complaint alleges violations of the Magnuson-Moss Act, breach of express and implied warranty, breach of the implied covenant of good faith and fair dealing, as well as claims under the New Jersey Consumer Fraud Act. Further, in the alternative, the Complaint alleges causes of action for violation of various consumer protection statues, including, California, Connecticut, Pennsylvania in connection with the design, manufacturing, marketing, distribution and sale of 2006 and 2007 BMW 3 series vehicles (“Vehicles”), equipped with Bridgestone’s Turanza run-flat tires. Specifically, the Complaint alleges that the Turanza run-flat tires on the Vehicles are defective and wear unevenly and prematurely, resulting in an extremely rough ride and excessive and disruptive noise from the tires. In addition, the Complaint alleges that the tires on the Vehicles must be replaced prematurely---in many cases after less than 10,000 miles, and very often after less than 20,000 miles.

Status of Pending Case: SFMS, on behalf of Plaintiffs, filed a Consolidated Amended Complaint on September 29, 2008

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