So, if all this hypothesis is correct - I would imagine that BMW will argue that the increased performance mods on cars will increase the fuel load required* from the HPFP, which in turn increases the probability that the LPFP will be able to keep up enough supply to keep the HPFP lubricated.
HEnce increased chance of HPFP runnign dry, and overheating, and failing as a result....
Lucky it is just a theory.
If you are taking them to court will you subpeona their corporate records on the number and exact diagnosis of HPFP failures?
* Increased performance = more fuel usage. Fact of life.