Subway short sandwich settlement comes up short.

Subway came under criticism in 2013 when an Australian teenager measured a Subway footlong sandwich, found it to be only 11 inches long, and then posted it onto social media.

The two sides settled last year, with Subway agreeing to pay attorneys for the plaintiffs $525,000 in legal costs, and $500 apiece to each of the 10 people who led the class action lawsuit.

“A class action that ‘seeks only worthless benefits for the class’ and ‘yields [only] fees for class counsel’ is ‘no better than a racket’ and ‘should be dismissed out of hand,” read the decision by the U.S. Court of Appeals for the Seventh Circuit, released on Friday. “That is an apt description of this case.”

Bekeart

Only the attorneys won this

It's the 2x4s all over again.

Caj needs a new boat

As always, the only winners in these class actions are the shysters who talk gullible people into filing these suits.

I have been in the plaintiff "class" of numerous class-action lawsuits regarding securities matters. They are very common in the financial world. I have never received any settlement awards which amounted to anything. Not so the lawyers handling the suit. In general, I'll get a letter from some law firm saying that a class action suit is being brought against some company in which I own stock for any of various reasons, and, as a stockholder, I am automatically in the class unless I specifically opt out. Such cases have a way of dragging on for many years, which is greatly to the benefit of the lawyers, not those in the class. When the case is settled, the lawyers always get many millions in fees, and the stockholders in the class get essentially nothing.

I HATE it when frivolous lawsuits take up both taxpayer time and money.

We need tort reform nationwide to stop this garbage.

Yes pure scum. We have a big fat bloated one here in Florida Morgan & Morgan their slogan is "For the People" Wrong it's for the Money. This Swine has over 8 D W I . This from a personal injury attorney. He's the one that lobbied the state for legal pot too.

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Spin The Wheel

as is the result from every class action lawsuit i've seen.

Can a lawyer actually be allowed to present a civil suit to a court of law;..decide if it has merit;.****le a judgement in their own favor;..and set the award amount in the amount they deem proper ???

I would have thought surely it would have to be a judge that presided over those decisions !... So, is it a lawyer, or a judge that deserves the criticism in these seemingly frivolous cases ?

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wanna do right-- not right now

A LESSON IN TERROR:

“Has he come armed, then?” she asked anxiously. “Has he brought a pistol or a sword?”

Ian shook his head, his dark hair lifting wildly in the wind.

“Oh, no, Ma'am!” he said. “It’s worse. He’s brought a lawyer!”

the horror....the horror

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There's nowt so queer as folk

My friend just noted to me the other day that Labatts Beer in 12oz are now 11.5 oz. Settling of contents maybe? Is there no end to this?

That's almost ALL class action suits

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I just wonder how many will take a tape measure with them next time they go to Subway? LOL Just for giggles I just might do that, but I haven't been to Subway in over 7 years.

One more class action suit that hasn't happened yet, how come the real subway sammich doesn't look like the one on tv? The sammich on tv has plenty of meat in it. Like the old lady on the Wendy's commercial said where's the beef?

I like the idea of the suit. If a company advertises nationally that it's subs are a foot long (12") then they ought to be a foot long. Otherwise what's to stop them in a couple of years making them 10", etc. It's the settlement that gets my goat as well as others it would appear.

On another note about Subway. I have a friend that was a manager of a subway. Because of the things he told me & wifey about subway, we don't eat there anymore.

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NRA Benefactor

That's just about any place. Whether it's political or prep based. I worked in Boston Market and a host of other places when I was a teen. The things I can tell you you'll never eat there again

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My brothers went to high school with the CEO of subway in Bridgeport,ct. the guy would leave school early to open up his subway shop. Look at what he started. Recently he passed away. The very first subway shop was at madison ave, and capitol ave in Bridgeport, ct.

I can not sleep at night. I'm terrified that if I doze off I'll be devoured by one of the bears I read about in bear threads.

There must be other victims here and I'm sure one of our counselors needs work. However, we can save the attorney fees. I'll settle for Handejector's engraved 4" Triple Lock.

Does anyone else remember a class action suit some years back against (maybe) one of the fast food chains. It involved adding ice to soft drinks. The drinks were advertised as 24 ounces (or whatever), but the suit claimed that the customers were getting short-changed because that 24 ounces included the volume of the ice added. I don't remember how that turned out.

All a lawyer has to do is to get several "aggrieved customers" together to start a class action, then it automatically includes all customers.

You will note that in the early 1800's, about the time lawyers discovered that state legislator was a career option, they took steps ensure their future income by passing laws against dueling.

Dueling, as a way to settle interpersonal disputes has many attributes. First, among these, is the incentive to exhibit good manners. Second, just how offended are you? If no other resolution is possible and the duel actually takes place, then you will either be eminently pleased at the result, or not in a position to bitch. Regardless, the matter would be settled.

Now the system requires the antagonists hire lawyers who will litigate until one or both parties run out of money.

I love it when the lawyers and fool clients lose.

Lawyers almost never lose, even if their clients do.

Has anyone here actually read the Judge's opinion. She refused to approve the agreed upon settlement that would have given a pittance to the "aggrieved" victims of the class.

Judge Sykes wrote,

The appeals court also denied attorney's fees for the plaintiff's attorneys.

Both Subway and the plaintiffs had stipulated that in fact the sub rolls in question were within the weight specifications required. Subway only settled because they feared the bad publicity brought on by a lawsuit. Given there not too long ago "Jarod" PR disaster, they just wanted to get the case out of the media as quickly as possible.

BTW, Judge Sykes is on the short list for the next opening on SCOTUS, if one occurs while President Trump is in office. Sounds like a judge that knows the law and understands common sense.

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Can open, worms everywhere.

Sounds like two excellent reasons for instant denial by most of our lawmakers should she get that far.

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Release the Kraken

There was a PI firm where I used to live whose TV slogan was
"Justice for You, $$ for Us"

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Dean
SWCA #680 SWHF #446

It took 18 responses before TYROD brought up a valid point. Subway advertised a 12" sandwich and failed to live up to their promise. They did not deduct 66 cents for having a shorter than advertised product. How would you feel if you paid good money for a car with a 327 CI engine and find out that you were cheated and given a 300 CI instead. Or when you went to the lumber yard and bought an 8' stud and got home and found out it was less than 7 1/2' in length. Or when you agreed to sell your prized triple lock for $2000, hand it over and the guy give you an envelope with only $1834? I worked in a very competitive business where cheating the customer was almost a thing of pride. I have seen electricians cheat people on the amount of wire used, drywallers that break up extra wallboard and hide it in the wall, well drillers who cheat on depth and pump men who charge for a larger more expensive pump when they used a smaller cheaper pump instead. I made sure on every job I did I gave extra. No exceptions. If I worked by the hour I gave an additional 15 minutes. Cheating is cheating whether by the inch or by the mile. Whats next? Maybe our favorite football team only have to make 92 yards to make a touchdown or the place kicker just has to get close to getting the ball over the crossbars.

The Judges, the plaintiffs, and the defendants all agreed that the sandwiches met the requirements by weight and that it is impossible to guarantee the exact length. I'd have to think that some of the rolls were OVER 12", but no one was suing over that.

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Can open, worms everywhere.

Exactly. Spend your five bucks and eat there. If you are unhappy with your sandwich length +- 1" or less then don't eat there again and stop wasting taxpayer money on judges, clerks, paperwork, and other miscellaneous costs for your snowflaking over a stupid sandwich size.

It's America you have choices, go pay more at jimmy johns or quiznos.



and yeah after years of the same size wood being sold some snowflakes are going after lumber now too

Whacked with a 4x4: Menards, Home Depot face lawsuits over descriptions of lumber size

These same people will piss and moan when the prices go up to pay for these frivolous lawsuits that sometimes cost millions so some lawyer can grab 500K and the snowflake, 5 bucks.

Sad state of affairs in the US.

Some people have entirely too much time on their hands.

And it took four years for the suit to be resolved?

I will confess that I'm not a big fan of Subway. It ranks down at the bottom of my restaurant list along with Sonic and Taco Bell. I'll eat there if there is no alternative.

OTOH, my wife, who generally hates fast food, likes Subway.

Either way, I have better things to do with my life than obsess over the exact length of a sub roll. OTOH, I'm going to start measuring my foot long hot dogs and will sue if one is 11 7/8" long!

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Can open, worms everywhere.

Do the products pictured on any of the fast food chains' advertising resemble what you receive over the counter? The hamburger patties always look twice as thick as what they actually are. There are advertising photography specialists who are experts in making pictures of restaurant food look good.

I was unaware that Subway sandwiches were sold by weight. I thought their sign and pricing was by the inch. I will have to read their sign closer. Concerning overages, you are allowed by law to keep any extra not asked for.

"If I could add an inch to my life . . . "

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and what his trumpet saith

There are legal remedies under both state and federal laws for product or service misrepresentation (and there are several different types of misrepresentation) other than class action lawsuits. But lawyers prefer class action suits, especially against well-known businesses, as the potential payoff is much better.

Frivolous lawsuits don't get brought to trial. The accounts of "frivolous" lawsuits that you have no doubt read are usually excerpted from defense counsels' statements of the case. Scratch any one of these "excessive awards for frivolous claims" and you will see some real wrongdoing that resulted in substantial damage awards.

"tort reform" is a scam perpetrated by mostly the insurance industry and their bought-and-paid-for lackeys in Congress and the legislatures. I love to see aggressive tort lawyers get rich off of thieving scumbags.

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Not in jail.

I can't believe anyone takes "foot long" any more seriously than "quarter pounder". It's the sandwich they sell for the price they charge. If you don't find it satisfying, take your business elsewhere. A lawsuit over slight variations in a 5 buck product? Sad what this country is coming to.

I bought an M27 barrel on this Forum that was advertised as a five inch barrel. It measures 4-7/8 inches. OH THE HORROR!

A word about the snazzy burger / etc. photos that decorate fast food outlets:
You do realize that those pictures are of creations made using non-food materials that can not melt / degenerate under the heat of the photographer's lights. Looks great, but you may die if you eat it. At least the "food" they sell the consumer will take a lot longer to kill you!

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You're shy a few manners.

It's a 1/4 pound of beef before cooking it's in the fine print to cover there butt.

Take up your concerns with the Judges, plaintiffs, and Subway. I just repeated what is in the article at the link.

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Can open, worms everywhere.

Ambulance chasers getting rich off themselves?

The article proves you 100% wrong because this frivolous lawsuit wasted court time.

You have a choice not to eat there, if the food given to you does not meet your requirements or expectations you also have a choice:

Don't pay for it

OR

Do not eat it and ask for your money back and leave, not eating there again

Caj has a need to add more S&W firearms to his collection

So, I guess you don't believe in truth in advertising? Just shrug it off and move on while others are cheated with false claims? Let me guess? You were a used car salesman? BTW: I was for a few months

the companies that include the word "perfect" in their advertising need to be publicly flogged............nothing made by humans is "perfect"

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There's nowt so queer as folk

I'll bet the dough in the Subway bread was 12" before they baked it.

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You're shy a few manners.

Ummm the court case says different..... so yeah keep on keeping on though.

As they say, "Win or lose, lawyers always get paid."

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Bill

So I look at this gun that the guy says has been shot 50 times, I find out it has been shot 51 times! I guess I should file a lawsuit. Honestly, I can't believe all the huffing over 1/8 -1 inch of a sandwich. I've got to agree, if that bothers anyone that bad don't go there! I guess some folks count the number of pickles on their burger too.

was involved in one class action. NEVER AGAIN-the work involved was insane. In a nutshell, an ambulance company was overcharging systematically by tacking on a minimum mileage charge. For each ride it was nominal, but in the big picture they were making millions from insurance, medicare and medicaid reimbursements that they were not entitled to. Money that came out of everyone's pocket and it just wasn't right. Each person in the class got around 15-20 bucks but the practice was stopped-and I made a pretty good fee with no apologies. But like I said, I would never do one again as a solo-the logistics were brutal and the fee vs the time and money spent in the end really wasn't worth it.
I'll let someone else slay the dragons.......

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Forum consigliere

Nowadays, these actions are vigorously prosecuted by the federal government. Medicare and Medicaid fraud are huge and the government is quite interested in finding it.

I know of several cases where disgruntled ex employees of the ambulance companies filed Qui Tam law suits. One in MA last year netted the fired billing clerk about $3,000,000.00 dollars. The best part was that the federal government provided the lawyers, so she paid nothing for it.

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Can open, worms everywhere.