News and Events

Summary Judgment Affirmed for Kramon & Graham’s Global Retailer Client

The United States Court of Appeals for the Fourth Circuit recently affirmed the grant of summary judgment obtained by Kramon & Graham principal Brian Goodman on behalf of the firm's client, a leading global retailer. The case involved a plaintiff who suffered a knee injury while playing basketball in a pair of Jordan-brand shoes purchased from the client. The plaintiff alleged that the retailer marketed and sold the sneakers as basketball shoes, but that the shoes were only safe for playing football. The plaintiff brought various product defect and deceptive marketing claims against the retailer and the manufacturer of the shoes. In discovery in the United States District Court for the District of Maryland, the plaintiff sought to depose the retailer's and the manufacturer's chief executive officers. Brian successfully objected to the depositions and obtained summary judgment for the client. The plaintiff appealed, and the Fourth Circuit affirmed the judgment in favor of the retailer and the manufacturer. The Fourth Circuit held, as argued by the Firm in a brief filed on the client's behalf, that because the plaintiff could not as a matter of law show that the shoes were unsafe for playing basketball, all of his claims failed. See No. 15-1125 (4th Cir. 2015). Brian and Kramon & Graham associate Justin Redd handled the appeal.