Kelley Drye’s representation of Crocs, Inc. in a summary judgment victory in a consumer’s proposed class action was recently featured by Bloomberg Law.
The plaintiff in the matter claimed the footwear company failed to tell consumers that its Croslite polymer shoes could shrink in extreme heat. The complaint alleged that Crocs’ advertising gave consumers the impression that the clogs were durable in a variety of weather conditions.
Judge Trina L. Thompson of the U.S. District Court for the Northern District of California, however, said that plaintiff Ruby Cornejo didn’t identify what specific advertising statements she relied on that made her believe the company guaranteed the shoes wouldn’t shrink.
The judge also rejected plaintiff’s argument that the size description on the hangtag and shoe sole was an express representation that the shoes would stay that size.
Read the full article by Bloomberg Law (may require subscription).