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13-1471 - Langan v. Johnson & Johnson Consumer Companies, Inc.

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13-1471 - Langan v. Johnson & Johnson Consumer Companies, Inc.
March 13, 2017
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OMNIBUS RULING RE PENDING MOTIONS IN THIS AND RELATED CASE: For the reasons stated in the attached ruling, the cross-motions for summary judgment in both cases are DENIED. No. 13-cv-1470, Docs. #85, #94; No. 13-cv-1471, Docs. #129; #137. The motions to exclude the expert testimony of Dr. Elizabeth Howlett (No. 13-cv-1470, Docs. #84 & #113; No. 13-cv-1471, Doc. #78), and Colin Weir (No. 13-cv-1471, Docs. #85, #86) are DENIED. The motion to certify the class in Case No. 13-cv-1470 (Doc. #70) is DENIED. The motion to certify the class in Case No. 13-cv-1471 (Docs. #66, #67) is GRANTED. A class will be certified with the following definition: All purchasers of the Aveeno Baby Brand Wash and Shampoo until November of 2012 and Aveeno Baby Brand Calming Comfort Bath baby wash until November of 2013, beginning on the following dates in the following states: in Alaska from January 25, 2011 in California, Connecticut, Delaware, the District of Colombia, Illinois, New York and Wisconsin from January 25, 2010; in Florida, Hawaii, Massachusetts, and Washington from January 25, 2009; in Arkansas and Missouri from January 25, 2008; in Michigan, New Jersey, and Vermont from January 25, 2007; in Rhode Island from January 25, 2003; and in any additional states which the Court determines to have sufficiently similar law to Connecticut without creating manageability issues, who purchased the Products primarily for personal, family or household purposes. Specifically excluded from this Class are: the Defendant, the officers, directors and employees of Defendant; any entity in which Defendant has a controlling interest; any affiliate, legal representative of Defendant; the judge to whom this case is assigned and any member of the judge's immediate family; and any heirs, assigns and successors of any of the above persons or organizations in their capacity as such. It is so ordered. Signed by Judge Jeffrey A. Meyer on 3/13/2017. (Townsend, D.)