A federal judge approved a $40 million class-action settlement Monday between Skechers USA Inc. and consumers who bought toning shoes after ads made unfounded claims that the footwear would help people lose weight and strengthen muscles.
U.S. District Judge Thomas B. Russell in Louisville approved the deal, which covers more than 520,000 claims. About 1,000 people eligible for coverage by the settlement opted not to take part.
Those with approved claims will be able to get a maximum repayment for their purchase _ up to $80 per pair of Shape-Ups; $84 per pair of Resistance Runner shoes; up to $54 per pair of Podded Sole Shoes; and $40 per pair of Tone-Ups.
Russell also awarded $5 million for the attorneys in the case to split. Russell ordered that the money cannot come from the $40 million settlement fund set aside for consumers.
Two people that served as the lead plaintiffs in the case will receive payments of $2,500 each.
Russell considered multiple factors in deciding to approve the settlement and found it provides just compensation to the plaintiffs.
Thursday, May 23, 2013
Wednesday, May 8, 2013
Court dismisses lawsuits in power plant deaths
The Colorado Court of Appeals has dismissed lawsuits against three companies in the deaths of five workers at a power plant in 2007.
The appeals court agreed Thursday with a judge that there was no evidence that the companies violated duties or failed to provide adequate warnings of a fire hazard.
The workers died after a fire broke out inside a pipeline at Xcel Energy's Cabin Creek hydroelectric plant near Georgetown, about 40 miles west of Denver. The men were inside the pipeline resealing it at the time.
The workers were trapped in the tunnel when a flammable solvent they were using to clean an epoxy paint sprayer ignited on Oct. 2, 2007.
Families of the men and four injured employees sued KTA-Tator Inc., Structural Integrity Associates Inc. and Graco, Inc., claiming the companies were negligent.
The court, however, noted that the sprayer used by the workers carried a warning that "flammable fumes, such as solvent and paint fumes, in (a) work area can ignite or explode" and offered safety options.
The workers communicated by radio for 45 minutes with colleagues and rescue crews. But reaching them would have involved using ropes or ladders to go down a 20-foot vertical section of tunnel then along a 1,000-foot section at a 55-degree slope, to reach the horizontal section where they were located.
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