BMW of North America LLC has asked a Colorado federal judge to toss a suit from a trio of drivers who claim the carmaker knowingly sold vehicles with defective engines, saying they should not have opted out of a class action settlement in a similar case.

The three drivers banding together in the suit made the wrong decision in choosing to litigate claims of excessive oil leaks separate from the national class action, BMW said in its motion to dismiss brief filed Friday, especially because the statute of limitations on their claims has run out. The drivers purchased their vehicles over three years ago, BMW noted.

The auto manufacturer also said the new vehicle warranty doesn't cover the kind of design defect the drivers allege in their complaint, which renders the suit's breach of express warranty claims baseless.

BMW of NA is represented by J. Matthew Thornton, Neal Walters and Casey Watkins of Ballard Spahr LLP.

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