TRENTON, N.J. (Legal Newsline) - Morgan & Morgan and co-counsel Feldman Shepherd have staked their claim to class action litigation against Samsung that alleges its stoves are turning on when accidentally bumped.
The two firms, who represent Marilyn Delahoy, on Nov. 21 asked to be named interim co-lead counsel as they compete with other firms that filed simlar cases. We were here first, the motion says.
Morgan & Morgan and Feldman Shepherd filed the first lawsuit against Samsung over the alleged defect, which causes knobs to rotate when they are slightly touched, turning the burners on and creating a risk of fire and personal injury.
"Delahoy Counsel filed their complaint on June 17, 2022 - roughly four-and-a-half months after identifying the defect, investigating it thoroughly, and deeming the matter ripe for judicial resolution," their motion says.
"Delahoy Counsel have collectively spent hundreds of hours developing the case, speaking with potential class representatives, and filing two substantial complaints. Delahoy Counsel have also retained multiple experts and staffed up their litigation teams with the intention of vigorously prosecuting this case."
The firms are jointly pursuing similar class actions against Whirlpool and LG.
“The defective condition of the Ranges is the result of the low detent (catch that prevents motion until released) force and tiny distance the burner control knobs need to travel to be turned to the ‘on’ position, which is inadequate to prevent unintentional activation,” the suit against Samsung says.
“In other words, the ease with which the knobs can be pushed in and rotated without resistance fails to prevent the cooktop from being turned on inadvertently.
“Further, the control knobs are placed on the Ranges without the necessary guards to prevent such unintentional activation.”
The suit claims Samsung has known about this defect since at least 2014 and that it has continued to sell its products despite incident reports with the U.S. Consumer Product Safety Commission.
The other suits over the alleged burner defect were filed in Los Angeles and New Jersey federal courts by Milberg Coleman, Smith Eibeler and Chestnut Cambronne. In the New Jersey case, the firms agreed to a stipulation of consolidation.
"Delahoy Counsel developed the legal theory in this litigation after conducting a thorough investigation and consulting with multiple experts in the field," their motion says. "This matter is not one where Delahoy Counsel simply won the race to the courthouse in the wake of major breaking newsregarding the ranges or defect.
"In working up the case, Delahoy Counsel interviewed scores of potential class members and engaged several individuals - seven in total - best-suited to represent the class."