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MORANO v. BMW OF NORTH AMERICA, LLC

Civ. No. 2:12-CV-00606 (KM)(MAH).

928 F.Supp.2d 826 (2013)

John J. MORANO, individually, and on behalf of all others similarly situated, Plaintiff, v. BMW OF NORTH AMERICA, LLC, Defendant.

United States District Court, D. New Jersey.

March 1, 2013.

Attorney(s) appearing for the Case

David C. Berman, Lower Level, Morristown, NJ, for Plaintiff.

Christopher J. Dalton, Rosemary Joan Bruno, Buchanan, Ingersoll & Rooney, PC, Newark, NJ, for Defendant.

MEMORANDUM OPINION

KEVIN McNULTY, District Judge.

The plaintiff, John J. Morano ("Morano"), brings this putative class action against defendant, BMW of North America, LLC ("BMWNA"), for violations of the Florida Deceptive and Unfair Trade Practices Act ("FDUTPA"), breach of contract, breach of warranty, and punitive damages. The dispute arose when the battery in Morano's new BMW automobile would not hold a charge and his BMW dealer refused to replace it...

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