Kelley Drye Defense of Crocs in Proposed False Advertising Class Action Highlighted by Law360

Kelley Drye’s representation of Crocs, Inc. in a false advertising class action hearing before the U.S. District Court for the Northern District of California was recently highlighted in an article by Law360.

Plaintiffs in the matter claim the footwear maker’s plastic shoes shrink after exposure to heat. U.S. District Judge Trina L. Thompson, however, said at the hearing that the claim felt like ​“Groundhog Day,” since she recently denied class certification in a related case making similar claims.

Kelley Drye partner Becca Wahlquist was noted for saying, ​“They’ve had years to develop this evidence in the other case, and yet they just issued the exact same complaint.” In its motion to dismiss, Crocs seeks to toss the claim in its entirety. None of the advertisements presented by plaintiffs in their case advertise Crocs’ plastic shoes as unshrinkable, Becca argued.

Judge Thompson did not issue a ruling at the end of the hearing but said she would take the matter under submission.

Read the full article by Law360 (may require subscription).