LOS ANGELES (Legal Newsline) – Lawyers suing LuLaRoe over allegedly weak fabric want to test 50 pairs of returned leggings – without the company’s involvement.
On Oct. 20, attorneys at Levi & Korsinsky, which is leading five consolidated class actions against LLR, Inc., wrote Judge Shashi Kewalramani to make the request.
The firm complains that for three years the leggings in question were in the possession of their manufacturer, MyDyer.
The firm wants its experts to look at up to 50 pairs of leggings out of the approximately 8,000 that were returned as allegedly defective. The litigation says the leggings arrived ripped or tore a short time into their use.
They also want to remove 5x5-inch portions if the experts want to and for Judge Kewalramani to keep the defendants away while it happens.
“Nothing about Plaintiffs’ proposed inspection and testing will prevent Defendants from conducting testing on the same leggings or presenting the leggings as evidence at trial,” the letter says.
“Moreover, since Plaintiffs only seek to remove a 5”x5” square from no more than 50 pairs of leggings, Defendants will be left with thousands of other pairs of leggings to test or present to the jury if they so desire. Thus, Defendants’ ability to present evidence at trial will not be hindered.”
If LLR is allowed to observe the plaintiffs’ testing, it would destroy privilege, Levy & Korinsky says.