{Louisville, Kentucky}...Monday, U.S. District Judge Thomas B. Russell tentatively approved a $40 million settlement between Skechers USA Inc. and consumers who bought the toning shoes after ads made unfounded claims that the footwear would help people lose weight and strengthen muscles. The settlement covers more than 70 lawsuits from across the country. The suits were consolidated in federal court in Louisville. Skechers denied the allegations but said it settled to avoid long litigation. An undetermined number of people will be able to get a maximum repayment for their purchases - 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 for Tone-Ups. Judge Russell set a fairness hearing to finalize the settlement for March 19th. That hearing will be held after the settlement is advertised and consumers who qualify for compensation have an opportunity to object to the terms and opt out of participating, if they choose. The attorneys involved in the case will split $5 million from a separate fund designated specifically to pay the lawyers. Russell ordered that the money cannot come from the $40 million settlement fund set aside for consumers.
