This case concerns allegations that the Samsung Gear S Smartwatch does not live up to Samsung’s assertions concerning battery life.  Samsung claimed that the Smartwatch would last 1-2 days on a single charge.  In reality, Plaintiff Noble, and many other consumers, experienced battery life of just four hours or less.  Because the Gear S was the first watch to integrate cellular services into the watch consumers believed they were purchasing a device that could offer them connectivity for calls, navigation, music streaming and other services without the need to keep a phone on them.  The failure of the device to last even a day without a charge thwarted the reasonable expectations of Plaintiff Noble and the Class.

Noble v. Samsung Electronics America, Inc., Case No. 15-cv-3713 (U.S. District Court for the District of New Jersey)

In order to avoid litigation of the case in court, Samsung first sought to compel individual arbitration, which would have forced Mr. Noble out of court and eliminated any possibility of a class action.  Judge Madeline Cox Arleo denied Samsung’s request to compel arbitration and Samsung appealed.  Following an unsuccessful appeal to the United States Court of Appeals for the Third Circuit, Samsung again moved to dismiss Plaintiff Noble’s case.  On February 5, 2018, Samsung’s motion to dismiss was largely denied—leaving intact four of Plaintiff’s six claims.  The case is now proceeding with discovery and active litigation.

If you have any questions concerning this case or would like to share your experience with the Samsung Gear S Smartwatch, please contact Charles LaDuca at 202-789-3960 or charles@cuneolaw.com.