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[9 1/2 Beers]

the class action suit accused harley of failing to disclose a defect in two engine types sold in 1999 and 2000, this just hit the dow jones news service

[Chief]

the class action suit accused harley of failing to disclose a defect in two engine types sold in 1999 and 2000, this just hit the dow jones news service

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[9 1/2 Beers]

I have the story, let me scan it

[9 1/2 Beers]

07/12 12:51P
(DJ) DJ Wis. Court Won't Reopen Lawsuit Against Harley-Davidson
>HOG

Story 6507 (HOG, I/AUT, I/XDJGI, I/XFFX, I/XISL, I/XNYA, I/XSP5, G/STE...)
  MILWAUKEE (AP)--The Wisconsin Supreme Court refused on Thursday to reopen a
class-action lawsuit that accuses Harley-Davidson Inc. (HOG) of failing to
disclose a defect in two engine types sold in 1999 and 2000.
  In a 4-3 vote, the court upheld a circuit court decision refusing to reopen
and amend a 2001 case brought by Steven Tietsworth of California. Tietsworth
claimed the Milwaukee motorcycle maker knew or should have known the engine
design for some motorcycles made in 1999 and early 2000 was inherently
defective. The flaw, he claimed, diminished the value of his motorcycle.
  A court of appeals had overruled the circuit court in December 2005, saying
Tietsworth's case could be amended to include warranty and contract claims.
The state Supreme Court ruled Thursday that the circuit court has no authority
to reopen the amended case.
  Harley-Davidson spokesman Bob Klein said the company would not comment until
it had reviewed the decision. Tietsworth's lawyer, Ted Warshafsky, also
declined to comment before reading the decision.
  Harley-Davidson sent letters in January 2001 to Tietsworth and 140,000 other
owners of 1999 and early 2000 models built with the Twin Cam 88 and Twin Cam
88B engines. The company told owners the rear cam bearing in some bikes had
failed but would probably not cause engine failure. Harley extended its
warranty for the part and made cam repair kits available for $495.
  Tietsworth's complaint, which later involved four other owners, said the
problem increased riders' safety risks and decreased the value of their
Harleys. A circuit court judge threw out the original case, saying Tietsworth
and others failed to show actual damages or economic loss, and its decision
was eventually upheld by the state Supreme Court.
  In 2004, Tietsworth asked a court to amend his original complaint to include
contract and warranty claims. Thursday's Supreme Court decision ended that
effort.
  Harley shares rose 61 cents, or 1%, to $62.01 in recent trading Thursday.