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Panel Won't Consolidate Suits Over 'Defective' Victoria's Secret BrasBy TRICIA GORMAN, Andrews Publications Staff WriterFour lawsuits alleging that Victoria's Secret bras cause rashes and other skin reactions will not be consolidated because of several variables that could make each action unique, according to a panel of federal judges. The Judicial Panel on Multidistrict Litigation declined to consolidate the suits and transfer them to a single federal district because the clothing company sells many brands and styles that are manufactured by different factories run by various suppliers. While all the suits allege the undergarments are defective, the panel said, factors unique to each action likely will cause discovery to vary in each case. Women nationwide allege that bras they bought from Victoria's Secret are defective because they cause allergic reactions, rashes, blistering and scarring. Beginning in November as many as 2,000 women filed suits in various state and federal courts seeking damages exceeding $5 million. The suits name Victoria's Secret, the country's leading retailer of intimate apparel, and parent company Limited Brands Inc. as defendants. The retailer failed to recall the defective products after it began to receive complaints, the suits allege. The lawsuits do not specify how long the allegedly defective bras were sold. The plaintiffs say the defendants' negligence makes them liable for the women's injuries. Victoria's Secret has a duty to ensure that its products are properly made and safe, the suits say, and it negligently failed to warn customers of the risks of wearing the bras. The plaintiffs are seeking medical expenses, reimbursement of product costs, and compensatory damages for physical pain and mental anguish. To comment, ask questions or contribute articles, contact West.Andrews.Editor@ThomsonReuters.com. In re Victoria's Secret Undergarments/Intimate Apparel Products Liability Litigation, No. MDL-2061 (J.P.M.L. June 15, 2009). Class Action Litigation Reporter Volume 16, Issue 06 06/19/2009 FindLaw, a Thomson Reuters business. All Rights Reserved. |