Data Breach Plaintiffs’ 'Disparate Injuries' Not 'Plausible,' Says Samsung Reply

The plaintiffs in the multidistrict litigation arising from Samsung’s summer 2022 data breach ask the court to ignore that the notice sent by Samsung, which they repeatedly cite and rely on in the complaint, “states plainly that Social Security numbers and credit or debit card information” weren’t exposed in the data breach, said Samsung’s reply Friday (docket 1:23-md-03055) in U.S. District Court for New Jersey in Camden in support of its Aug. 11 motion to dismiss (see 2308140053). The plaintiffs “fail to point to any well-pleaded factual allegations to explain why their disparate injuries are plausible,” it said. The plaintiffs are thus forced “to speculate as to facts not alleged, ignore the cases cited by Samsung, twist legal doctrines,” and ask the court “to abstain from ruling on key issues,” said Samsung’s reply. Recognizing these problems, the plaintiffs argue that their inability to plead a viable complaint “stems from the lack of discovery,” but this can’t “save” their complaint, it said.