Oral Argument Is Set on Samsung’s MDL Motions to Dismiss, Strike Class Allegations

U.S. District Judge Christine O'Hearn for New Jersey in Camden scheduled oral argument for Jan. 22 at 1 p.m. on Samsung’s Aug. 11 motions to dismiss the plaintiffs’ amended consolidated data breach complaint and to strike the plaintiffs’ class allegations, said a text-only order Friday (docket 1:23-md-3055). Despite the “benign nature” of the data stolen in the 2022 breach, the amended consolidated complaint “cobbles together 49 individuals from 34 states alleging violations of numerous different state laws based on sharply diverging experiences and injuries” that the plaintiffs attribute to the data breach, said Samsung’s motion to strike (see 2308230018). In light of the “divergent experiences” of just the 49 named plaintiffs, “the reality is that no factual development could alter the conclusion that this case cannot be certified as a class action,” it said. The court “should strike the class allegations now,” it said.