TRENTON, N.J. (Legal Newsline) - Lawyers hoping to pursue a class action lawsuit against Samsung are appealing a federal judge's decision to send their case to arbitration.
Attorneys at Feldman Shepherd in Philadelphia and Morgan & Morgan in San Francisco on April 7 filed their appeal of New Jersey judge John Michael Vazquez's March 29 ruling to the U.S. Court of Appeals for the Third Circuit.
Their lawsuit says LG electric and gas ranges have a defect in them that causes the knobs that control burners to move when bumped, turning the burner on.
"This unintentional activation of the Ranges' cooktops in turn creates a hazardous condition and serious risk of fire, property damage and personal injury," the lawsuit says.
But Vazquez ruled last month that the case belonged in arbitration and not his courtroom, citing a one-year warranty that included an arbitration notice:
"THIS LIMITED WARRANTY CONTAINS AN ARBITRATION PROVISION THAT REQUIRES YOU AND LG TO RESOLVE DISPUTES BY BINDING ARBITRATION INSTEAD OF IN COURT, UNLESS YOU CHOOSE TO OPT OUT. IN ARBITRATION, CLASS ACTIONS AND JURY TRIALS ARE NOT PERMITTED."
Plaintiff Pedro Brito had sought repairs to his range under the warranty before filing suit. He argued LG failed to provide consumers with notice of the arbitration agreement, rendering it unenforceable.
He said it failed under New Jersey law by failing to convey the distinction between resolving a dispute in arbitration and a judicial forum.
"The Court agrees with LG," Vazquez wrote. "The numerous references to the arbitration clause (including the in-the-box and on-the-box Arbitration Notice), and the opportunities provided to review and opt out of the agreement to arbitrate, support a finding that Plaintiff had reasonable notice of, and assented to, the provision.
"And Plaintiff’s Complaint is devoid of any allegations that provide a basis to reject the defense of arbitrability."