Continuing a string of New Jersey rulings narrowing what constitutes a fair arbitration agreement, a federal judge in Newark has denied a motion by Samsung Electronics America Inc. to compel arbitration in a class action over allegedly faulty batteries in the company’s Galaxy Gear S smartwatches.
A statement on page 97 of the 135-page owner’s manual requiring arbitration of disputes is not sufficiently conspicuous under New Jersey law to provide notice of the arbitration provision, U.S. District Judge Madeline Cox Arleo of the District of New Jersey said.
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