If you purchased Skechers' footwear called Shape-ups, Resistance Runner, Shape-ups Toners/Trainers, or Tone-ups between August 1, 2008 and August 13, 2012 in the United States, your rights may be affected by a proposed class action settlement

Sep 09, 2012, 12:00 ET from GCG

SAN DIEGO, Sept. 9, 2012 /PRNewswire/ -- The following statement is being issued by Blood Hurst & O'Reardon, LLP regarding the Skechers proposed class action settlement.

Legal Notice

If you purchased Skechers' footwear called Shape-ups, Resistance Runner, Shape-ups Toners/Trainers, or Tone-ups between August 1, 2008 and August 13, 2012 in the United States, your rights may be affected by a proposed class action settlement.

A settlement has been proposed in a class action lawsuit regarding the following toning footwear categories: (a) Shape-ups rocker bottom shoes ("Shape-ups"); (b) Resistance Runner rocker bottom shoes ("Resistance Runner"); (c) Shape-ups Toners/Trainers, and Tone-ups with podded outsoles ("Podded Sole Shoes"); and (d) Tone-ups non-podded sandals, boots, clogs, and trainers ("Tone-ups (Non-Podded Sole)") sold by Skechers (the "Eligible Shoes").  The Court in Grabowski v. Skechers U.S.A., Inc., No. 3:12-cv-00204 (W.D. Ky.) will hold a final approval hearing on March 19, 2013.


You are a Class Member and may be eligible to receive a payment if you purchased any of the Eligible Shoes in the United States from August 1, 2008 to August 13, 2012 inclusive, with limited exclusions. 


The lawsuit alleges that Skechers violated certain state laws regarding the marketing and sale of toning shoes between August 1, 2008, until and including August 13, 2012.  Skechers expressly denies any wrongdoing and does not admit or concede any actual or potential fault, wrongdoing, or liability in connection with any facts or claims that have been alleged against it.  Specifically, Skechers contends that 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 contends that this body of scientific literature and experts in the field of biomechanics confirm that competent and reliable scientific evidence supports fitness benefits for those shoes.  The Court did not decide which side was right.  Instead, the Parties have decided to settle.  The Parties believe the proposed settlement is fair, reasonable, and adequate and will provide substantial benefit to the Class.


The settlement provides a fund of $40 million, less the costs of notice and settlement administration, to pay claims to eligible Class Members relating to the purchase of Eligible Shoes.  The Settlement Agreement is found at www.Skecherssettlement.com.  Skechers also agrees to make certain conduct changes and separately pay Attorneys' Fees and Expenses and class representative awards. 


To be eligible for a payment, Class Members must send in a completed Claim Form electronically submitted no later than April 18, 2013 or postmarked no later than April 18, 2013.  Payment amounts to eligible Class Members will vary depending upon, among other factors, the product(s) purchased, the number and amounts claimed by all Class Members and other adjustments and deductions.  The amount could be more (up to double), the same, or less than $40.00 for Shape-ups, $42.00 for Resistance Runner, $27.00 for Podded Sole Shoes, and $20.00 for Tone-ups (Non-Podded Sole). 


If you are a Class Member, you may (1) do nothing; (2) exclude yourself; (3) send in a Claim Form; and/or (4) object to the settlement.

If you don't want to be bound by the settlement, you must exclude yourself by letter postmarked by January 14, 2013.  If you exclude yourself, you can't get a payment from this settlement or object to the settlement, but you can sue Skechers for these claims.  If you stay in the Class, you may submit a Claim Form and/or object to the settlement. Claim Forms must be submitted to the Claims Administrator by April 18, 2013.  Objections must be filed with the Court by January 14, 2013.  The detailed notice describes how to file a Claim, object, or exclude yourself and provides other important information.  The Court will hold a hearing in this case on March 19, 2013 at 1:00 p.m. ET at the United States District Court for the Western District of Kentucky, 601 West Broadway, Louisville, Kentucky 40202-2227, to consider final approval of the settlement, payment of Attorneys' Fees and Expenses of up to $5 million, payments of up to $2,500 for each of the two named Plaintiffs, and related issues.  You may appear at the hearing, but you don't have to.


To obtain a detailed notice, Claim Form or other documents, visit www.Skecherssettlement.com or call, toll-free, (866) 325-4186, or write to Administrator, PO Box 2008, Chanhassen, MN 55317-2008.