Samsung Submits N.J. Decision as Supplemental Authority for Motion to Compel Arbitration

The June 26 decision by U.S. Magistrate Judge Jose Almonte for New Jersey in Newark granting Samsung’s motion to compel plaintiff Cheryl Westerkamp’s claims to arbitration support Samsung’s arguments for also compelling plaintiff Tiffany McDougall's dispute to arbitration, Samsung’s attorneys wrote U.S. District Judge Lorna Schofield for Southern New York in Manhattan in a supplemental authority letter Thursday (docket 1:23-cv-00168). Westerkamp sued Samsung, alleging the earbuds she bought caused her a severe allergic reaction. Having found that a valid arbitration agreement exists and that it’s for the arbitrator to determine whether Westerkamp’s claims fall within the scope of the arbitration agreement, the court “finds it appropriate” to grant Samsung’s motion to compel arbitration, said Almonte’s order. McDougall alleges Samsung misrepresented the storage capacity of her Galaxy S21 Ultra 5G smartphone, but Samsung asserts “no reasonable consumer” would interpret Samsung’s “truthful” 128-GB representations “as a promise that the device’s hard drive would not contain any OS or pre-installed software” (see 2307070034).