RIVERSIDE, Calif. (Legal Newsline) – Class action lawyers will go on a sort-of shopping spree for pants this week to boost their case against LuLaRoe.
Los Angeles federal magistrate judge Shashi Kewalramani on Oct. 30 granted their request to take sections from allegedly defective LLR leggings that are the subject of a handful of class actions that were consolidated.
The leggings allegedly wear out too quickly or came torn. Following a battle of briefs, Kewalramani ordered that lawyers from Levi & Korinsky can visit the warehouse where returned leggings are stored.
LLR will have a representative there as plaintiffs lawyers choose up to 50 pairs of leggings from about 8,000 returned. They will be able to take 5x5-inch sections from those leggings to test.
“(A)llowing Defendants to observe any testing is not necessary in this case,” Kewalramani wrote. “This is because there are the safeguards under the Federal Rules of Civil Procedure relating to opinions provided by experts that are applicable in this case as well.
“If Plaintiffs choose to have an expert opine on any issues related to the characteristic of the leggings, those test results that the expert may rely upon, or lack of test results, can be inquired into by Defendants during the expert discovery. There is nothing unique about the nature of the discovery being sought here nor for the reasons that they are being sought.”