Samsung to Seek Dismissal of Galaxy S21 Fraud Suit After July 5, It Tells Judge

Unless U.S. District Judge Lorna Schofield for Southern New York in Manhattan grants Samsung’s pending motion to compel plaintiff Tiffany McDougall’s fraud allegations to arbitration by July 5 (see 2304120020), Samsung also will file a motion to dismiss her class action, the parties wrote the judge in a joint letter Wednesday (docket 1:23-cv-00168). McDougall alleges Samsung misrepresented the storage capacity of her Galaxy S21 Ultra 5G smartphone, but it’s “common knowledge” all smartphones, tablets, laptops and desktops “are sold with preloaded content to run the device,” and such content “consumes a portion of the storage space on the device,” said the letter. Samsung’s motion to dismiss will argue McDougall’s complaint “fails to state a claim because it fails to identify any materially misleading representation,” it said. McDougall also fails to allege facts “supporting justifiable reliance for her fraud-based claims, and she similarly fails to satisfy Rule 9(b)’s heightened pleading standards for those claims,” it said. She additionally fails “to plead facts supporting any breach of contract or warranty, and her unjust-enrichment theory is duplicative of her other theories, and thus fails for the same reasons that her other claims fail,” it said.