Abercrombie & Fitch obtains summary judgment in nationwide class action

Client(s) Abercrombie & Fitch Stores, Inc.

Abercrombie & Fitch Stores, Inc., represented by Jones Day, obtained a favorable summary judgment in a nationwide class action lawsuit. The class action arose from $25 promotional gift cards that Abercrombie issued to customers for every $100 spent on merchandise during a 2009 holiday promotion. Plaintiff alleged that Abercrombie breached contracts with cardholders by voiding the value of unredeemed cards on January 30, 2010. Plaintiff obtained certification of a nationwide class and then moved for summary judgment. Because the pleadings and evidence established that plaintiff accepted an offer that provided an expiration date for the promotional gift card, plaintiff argued that the class was entitled to judgment because the gift card was a second contract, separate from the sales transaction. Abercrombie opposed plaintiff's motion, arguing that plaintiff's dual-contract theory failed as a matter of law. The court agreed, denying plaintiff's motion and entering judgment in favor of Abercrombie.

Boundas v. Abercrombie & Fitch Stores, Inc., Case No. 10-cv-4866 (N.D. Ill.)