What was this lawsuit about?
The lawsuit, Grabowski v. Skechers U.S.A., Inc., No. 3:12-cv-00204 (W.D. Ky.) ( “Grabowski Action”), concerned claims that Skechers violated certain state laws and consumer protection statutes in connection with the marketing and sale of Eligible Shoes since August 1, 2008. The lawsuit alleged that Skechers, in connection with the marketing and sale of Eligible Shoes, misrepresented the benefits of wearing Eligible Shoes to consumers and that Eligible Shoes did not provide the benefits to consumers claimed by Skechers. Skechers denies any and all allegations of wrongdoing. Skechers contended that the fitness benefits of Shape-ups and other rocker bottom shoes have been extensively studied and confirmed in numerous well-designed clinical studies, many of which have been published in peer-reviewed journals. Skechers contended that this body of scientific literature and experts in the field of biomechanics confirm that competent and reliable scientific evidence supports the fitness benefits of those shoes.
What are Eligible Shoes?
“Eligible Shoes” means the Skechers’ footwear in the following toning footwear lines: Shape-ups rocker bottom shoes (“Shape-ups”), the Resistance Runner rocker bottom shoes (“Resistance Runner”), Shape-ups Toners/Trainers, and Tone-ups with podded outsoles (“Podded Sole Shoes”) and Tone-ups non-podded sandals, boots, clogs, trainers (“Tone-ups (Non-Podded Sole)”) purchased as new by Class Members from August 1, 2008, until and including August 13, 2012.
How much could I get from the Settlement?
The amount of the cash payment you may be entitled to under the settlement depends upon the number and type of Eligible Shoes that you purchased from August 1, 2008, until and including August 13, 2012, as well as the total of the timely, valid and approved Claims submitted by all other Class Members and other factors specified in the Settlement Agreement and in this Class Notice. As a result, the amount of relief available to eligible Class Members may vary, as follows:
If the total of the timely, valid and approved Claims submitted by Class Members exceeds the available relief, minus any covered fees and costs, each eligible Class Member’s award shall be reduced on a pro rata basis. If the total of the timely, valid, and approved claims submitted by Class Members is less than the available relief, minus any covered fees and costs, each eligible Class Member’s award shall be increased on a pro rata basis in accordance with the amounts set forth above.
How Can I make a Claim?
It is too late to submit a claim now. The claims deadline was April 18, 2013.
When will I get my payment, if any?
The Court granted final approval on May 13, 2013. This is the Final Settlement Date. Checks will be issued to valid claims by July 13, 2013.
No payments will be made prior to the “Final Settlement Date,” which is fully defined in the Agreement but generally means the date on which the Final Order and Final Judgment approving the Agreement becomes final and not subject to any appeal or other review, unless Skechers, in its sole discretion, approves the payment of claims prior to the occurrence of the Final Settlement Date.
Do I have a lawyer in this case?
The Court has designated attorneys Timothy G. Blood, of Blood Hurst & O’Reardon LLP, and Janine L. Pollack, of Milberg LLP, to represent you and the other Class Members in this lawsuit. The lawyers representing you and the Class Members are called “Class Counsel.”
You will not be charged for the services of the Class Counsel, or for the services of any other attorney representing a Class Member. Any fees and costs awarded by the Court will be paid by Skechers.What if I have more questions?
You can get more information by calling the Claims Administrator toll-free at (866)-325-4186.