Jacobs et al v. L'Oreal U.S.A., Inc. et al
| Tiffany Raines, Lavette Jacobs, Sandi Turnipseed and Terri Oravillo |
| L'Oreal U.S.A., Inc. and Soft Sheen-Carson, LLC |
| 1:2016cv06593 |
| August 19, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Laura Taylor Swain |
| Personal Injury- Product Liability |
| 28 U.S.C. ยง 1391 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
244
OPINION AND ORDER: For the foregoing reasons, L'Oreal's motions to decertify the New York class is granted only to the extent of precluding the New York class from proceeding on a theory that the product packaging deceptively suggested that it was safer than other hair relaxers. The motion to decertify is otherwise denied in its entirety. L'Oreal's motion to exclude the testimony of Colin Weir is also denied, but the parties must submit, by November 9, 2018, a proposed schedule for the additional discovery relating thereto. The Clerk of the Court is directed to close entry number 228 on the docket of this case. (Signed by Judge Jed S. Rakoff on 10/29/2018) (jwh) Modified on 11/1/2018 (jwh).
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Filing
233
OPINION AND ORDER: Under these circumstances, the Court needs to convene an in-court conference to clarify and resolve these various issues. The conference shall be held on Thursday, August 30, 2018 at 5:00 P.M. in Courtroom 14B of the United States courthouse at 500 Pearl Street, New York, New York. At the conference, there must be present in person at least one lawyer from each side who is fully knowledgeable with respect to all relevant aspects of the above-described imbroglio. In addition, t here must be present, in person, a client representative from defendants with full authority over the making and withdrawing of the aforesaid offers. In the interim, defendants are hereby enjoined from withdrawing the offers of judgment until the conclusion of the in-court conference. (Status Conference set for 8/30/2018 at 05:00 PM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff.) (Signed by Judge Jed S. Rakoff on 8/23/2018) (jwh)
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Filing
223
OPINION AND ORDER re: 154 FIRST MOTION for Summary Judgment: For the foregoing reasons, the Court decertifies both 23 (b) (2) classes, the Florida 23 (b) (3) class, and the New York 23(b) (3) class as to its unjust enrichment claims. The New York c lass remains certified to pursue statutory damages under NYGBL § 349. The Court dismisses all claims for injunctive and declaratory relief, all claims related to the dangerousness of the relaxer cream, the New York plaintiffs' unjust enrich ment claim, and the California plaintiffs' fraud and negligent misrepresentation claims that are premised on omissions. The motion is denied as to all remaining claims premised on the alleged dangerousness of the scalp protector, misleading repr esentations or warranties regarding its functionality, and implicit misrepresentations that the product is safer than relaxers that contain lye. The Clerk of Court is directed to close all open motions on the docket of this case. (Signed by Judge Jed S. Rakoff on 7/31/2018) (jwh)
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