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WHITE v. SAMSUNG ELECTRONICS AMERICA, INC.

No. 22-1162.

61 F.4th 334 (2023)

Thomas Roger WHITE, Jr.; Patricia Cauley, on behalf of themselves and all others similarly situated v. SAMSUNG ELECTRONICS AMERICA, INC.; Sony Electronics Inc. Samsung Electronics America, Inc., Appellant.

United States Court of Appeals, Third Circuit.

(Filed: March 7, 2023).

Attorney(s) appearing for the Case

Javier Bleichmar [ARGUED], Bleichmar Fonti & Auld, 7 Times Square, 27th Floor, New York, NY 10036, Counsel for Appellees Thomas Roger White, Jr. and Patricia Cauley.

Simon J. Frankel * [ARGUED], Covington & Burling, 415 Mission Street, Suite 5400, San Francisco, CA 94105, John A. Boeglin , Covington & Burling, 850 10th St., N.W., One City Center, Washington, DC 20001, Brielle A. Basso , Michael R. McDonald , Gibbons, One Gateway Center, Newark, NJ 07102, Counsel for Appellant.

Before: SHWARTZ, MATEY, and FUENTES, Circuit Judges.

OPINION OF THE COURT

In this putative class action, the District Court for the District of New Jersey determined that defendant Samsung Electronics America, Inc. (Samsung) waived its right to arbitrate. Samsung appeals the District Court ruling, arguing that Morgan v. Sundance, Inc., ___ U.S. ___, 142 S.Ct...

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