9th Circuit: No Arbitration In Galaxy S4 Cell Phones Performance Class Suit

Mealey's (January 30, 2017, 7:17 AM EST) -- SAN FRANCISCO — A Ninth Circuit U.S. Court of Appeals panel on Jan. 19 upheld a trial court’s denial of an arbitration motion filed by Samsung Telecommunications America LLC and Samsung Electronics America Inc. (collectively, Samsung) in a class complaint alleging that Samsung made misrepresentations as to the performance of its Galaxy S4 phone, finding that the receipt of a brochure did not constitute an agreement (Daniel Norcia, et al. v. Samsung Telecommunications America, LLC, et al., No. 14-16994, 9th Cir.; 2016 U.S. App. LEXIS 956)....

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