SAN FRANCISCO (Legal Newsline) - A federal judge has again allowed a class action lawsuit alleging Crocs shoes shrink to step forward.
California federal judge Trina Thompson on April 5 denied a second motion to dismiss by Crocs, Inc., finding the causes of action that survived the first dismissal request are still alive.
The plaintiffs in the case claim they were "intentionally misled and deceived" by Crocs because the shoes are warranted as free of manufacturing defects.
They also claim Crocs unlawfully failed to disclose their products would shrink and become unwearable when exposed to environments such as lakes, pools, beaches, hot cars, gardens, lawns, porches and more.
Those plaintiffs were able to show they saw advertisements and relied on them when purchasing Crocs.
"The allegations do not provide the exact date and time of advertisement exposure. However, such level of exactness is not required," Thompson wrote.
'But the allegations are sufficiently particular to put the defendant on reasonable notice of alleged misconduct."
Thompson a year ago threw out some claims but allowed others to proceed, leading Crocs to file a motion to dismiss the subsequent amended complaint.
Attorneys at Gutride Safier will be allowed to pursue claims for fraudulent concealment, fraud, violation of California consumer protection laws and negligent misrepresentation