The Product Safety & Liability Reporter™ provides updates on significant developments and issues in product safety and liability litigation and regulation, plus analysis from top litigators. Get...
Nov. 4 — Nine models of Samsung smartphones are all prone to overheating, fires and explosions, four California consumers alleged in a proposed class action ( Martin v. Samsung Elecs. Am. Inc. , N.D. Cal., No. 3:16-cv-06391, complaint filed 11/2/16 ).
Meanwhile, a Nov. 4 washing-machine recall covering 2.8 million units that can fly apart compounded Samsung Electronics America’s product-related woes.
Seven phones in the Galaxy S series, and the Galaxy Note 5, contain batteries with at least as much capacity as the recalled Galaxy Note 7, Demetrius Martin and three other California residents alleged on behalf of a statewide class.
And all were designed, developed and manufactured in much the same way as the recalled Note 7, they said in the complaint, filed Nov. 2 in the U.S. District Court for the Northern District of California.
The plaintiffs assert claims for fraudulent concealment, violation of consumer-protection laws and unjust enrichment. They seek economic-loss damages, restitution and orders preventing Samsung from selling the phones and violating the law in the future.
Samsung couldn’t immediately be reached for comment.
The first class action over the Note 7 was filed Oct. 18. And an injury suit filed Sept. 8 alleged fire hazards also plague the company’s Galaxy S7 Edge phone, one of the ones in the S series.
The washing-machine recall involves a risk that the upper part of the top-loaders can detach from the base during use, according to the Consumer Product Safety Commission. Samsung has received reports of nine injuries, including a broken jaw, and injured shoulder, according to the agency.
Consumers can get a reinforcement repair, a rebate to be applied to a new unit, or, for recent purchases, a full refund.
Cotchett, Pitre & McCarthy LLP and Stonebarger Law APC represent the class-action plaintiffs.
To contact the reporter on this story: Martina Barash at MBarash@bna.com
To contact the editor responsible for this story: Steven Patrick at email@example.com
The complaint is available at http://www.bloomberglaw.com/public/document/MARTIN_et_al_v_Samsung_Electronics_America_Inc_et_al_Docket_No_31/1.
Copyright © 2016 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)