Skechers Light-Up Shoes Manufacturer Files Motion to Dismiss Class Action Lawsuit

A class action lawsuit over allegations Skechers light-up shoes can burn wearers should be permanently dismissed, says the manufacturer in a motion arguing the plaintiff has not supported her fraud claims.

Lead plaintiff Rikki Guajardo claimed Skechers Energy Lights shoes contain a battery and electrical system that can malfunction and cause burns. In her class action lawsuit, she alleged her 6-year-old son was burned by the shoes.

Guajardo claimed the company knew about the burns that could be caused by its light-up shoes but failed to warn her and other consumers.

Skechers fought the class action lawsuit, arguing the plaintiff had not adequately demonstrated that the company made false statements about the shoes, which are popular among children.

Since the original class action lawsuit was filed, the plaintiff has submitted two amended complaints; however, Skechers maintains the plaintiff’s fraud allegations are still insufficient.

The company says this time the judge should dismiss the case permanently.

According to the motion to dismiss, the plaintiff failed to heed instructions from the court to rectify her pleadings in the first two amendments. Skechers says the plaintiff continues to inadequately plead her claims.

“When the Court previously dismissed all counts of the First Amended Complaint, it advised Plaintiff what needed to be done in order to salvage a claim,” Skechers’ motion contends. “Ignoring the Court’s instructions, however, the Second Amended Complaint simply reiterates the same defective consumer fraud and unjust enrichment theories against Defendant Skechers USA, Inc. … The scant handful of new allegations come nowhere close to pleading a plausible claim… .”

Specifically, Skechers argues the class action lawsuit fails to identify a statement or omission by the company that amounts to fraud. The company asserts the plaintiff does not point to an instance in which Skechers discusses the shoes’ battery while omitting the alleged defect.

“A mere ‘general failure to disclose,’ standing on its own, is not sufficient,” the motion contends. “Plaintiff once again alleges only ‘opportunities or locations where she suggests Skechers could have disclosed the alleged defect,’ however, without identifying a statement with an actual omission.”

The company also argues Guajardo has not claimed she was deceived by any of the alleged failures to disclose by Skechers when she purchased the light-up shoes for her son, including the product’s packaging, statements made on the company’s website or along with Skechers’ financial filings.

Skechers also takes issue with allegations in the class action lawsuit that potentially millions of defective light-up shoes were sold to children.

The company asserts if the shoe was defective and millions were sold, there would be far more customer complaints about burns and other injuries.

Have you purchased Skechers light-up shoes? Have you noticed any problems? Tell us about your experience in the comment section below.

The lead plaintiff, Rikki Guajardo, and proposed Class Members are represented by Gregory Coleman and Lisa White of Greg Coleman Law PC and Kyle Shamberg of Carlson Lynch LLP.

The Skechers Light-Up Shoes Class Action Lawsuit is Guajardo v. Skechers USA Inc., Case No. 4:19-cv-04104, in the U.S. District Court for the Central District of Illinois.

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