Owners of fire-prone Samsung Note 7 smartphones in Washington state and California agreed to arbitration and can’t keep their would-be class claims in court, the U.S. District Court for the Western District of Washington ruled May 25 (Schmidt v. Samsung Elecs. Am., Inc., 2017 BL 176823, W.D. Wash., C16-1725-JCC, 5/25/17).
Whether class claims are waived, as described in the agreement, is up to the arbitrator, the court said.
But the consumers aren’t bound by the provision requiring that the arbitration proceed under Texas law, it said.
The U.S. Court of Appeals for the Ninth Circuit hasn’t fully determined ...
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