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Woman suing Subway over claim its tuna products don't contain the fish asks judge to dismiss case because she is pregnant - sandwich giant demands her lawyers be sanctioned and pay $610k for bringing frivolous case
daily mail ^

Posted on 05/08/2023 12:40:24 PM PDT by algore

The California woman suing Subway for claiming its tuna products contain ingredients other than tuna wants to end her lawsuit because she is pregnant, prompting Subway to demand her lawyers be sanctioned for bringing a frivolous case.

Nilima Amin said her 'severe' morning sickness and 'debilitating' conditions as she prepares for a third child have left her 'unable to proceed with the obligations as plaintiff,' and require her to focus on her health and family.

Amin wants to dismiss the case in San Francisco federal court without prejudice, which would let her sue again when she feels better.

In its latest filing, Subway also said the 'media frenzy' from the lawsuit caused severe harm, and faulted Amin's 'ever-changing' theories to debunk its claim that its tuna sandwiches, salads and wraps contained '100% tuna.'

The chain wants Amin's proposed class action dismissed, and her seven lawyers to pay at least $618,000 of its legal bills.

Amin's lawyers did not immediately respond on Monday to requests for comment.

The plaintiff claimed to have ordered Subway tuna products more than 100 times before suing in January 2021.

She accused Subway of using other fish species, chicken, pork and cattle in its tuna products, or no tuna at all.

But the plaintiffs later dialed back their claims, saying in a later filing they simply couldn't determine whether the tuna in Subway's salad was '100% sustainably caught skipjack and yellowfin tuna,' according to the New York Times.

Last July, U.S. District Judge Jon Tigar in San Francisco let Amin's case continue but rejected her claim that 'reasonable consumers' would expect only tuna and nothing else, calling it a 'fact of life' that ingredients such as mayonnaise were okay.

(Excerpt) Read more at dailymail.co.uk ...


TOPICS: Heated Discussion
KEYWORDS: subway; tuna
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So these sandwiches are fishy after all ?
1 posted on 05/08/2023 12:40:24 PM PDT by algore
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To: algore
IIRC they buy thousands of cases of Starkist Tuna every month.

If they are not using them to make sandwiches, what are they using all the tuna for?

2 posted on 05/08/2023 12:43:34 PM PDT by Harmless Teddy Bear (Follow the money. Even if it leads you to someplace horrible it will still lead you to the truth.)
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To: algore
Seven lawyers for a tuna sandwich case?

OJ did not have that many.

3 posted on 05/08/2023 12:44:16 PM PDT by Michael.SF. ( Biden-Fetterman in ‘24: It's a no brainer)
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To: Michael.SF.

This muzzoid chick is obviously a grifter!


4 posted on 05/08/2023 12:47:14 PM PDT by No name given (Anonymous is who you’ll know me as)
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To: No name given

Subway is halal?.......who knew??!!


5 posted on 05/08/2023 12:51:22 PM PDT by V_TWIN (America...so great even the people that hate it refuse to leave!)
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To: V_TWIN

“Amin wants to dismiss the case in San Francisco federal court without prejudice, which would let her sue again when she feels better.”

Normally I would say she’s bat crap crazy but given it’s California I fully expect the judge to allow it.


6 posted on 05/08/2023 12:54:07 PM PDT by V_TWIN (America...so great even the people that hate it refuse to leave!)
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To: algore

Reminds me of the suit brought by another women.
The package said ‘ready in 60 seconds” but since that did not include time to remove product from packaging so it was false advertising.


7 posted on 05/08/2023 12:58:43 PM PDT by DugwayDuke (Most pick the expert who says the things they agree with.)
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To: DugwayDuke

And the movie “The NeverEnding Story”. What a lie...


8 posted on 05/08/2023 1:06:59 PM PDT by Jet Jaguar
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To: algore

It’s was a frog that had transitioned to a tuna


9 posted on 05/08/2023 1:22:39 PM PDT by NWFree (Sigma male 🤪)
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To: algore

“..the plaintiffs later dialed back their claims, saying in a later filing they simply couldn’t determine whether the tuna in Subway’s salad was ‘100% sustainably caught skipjack and yellowfin tuna,’

Well, where is the case?

If they can’t prove it’s not tuna, what were they going to say once they got before a jury? “We don’t know whether it’s tuna or not, but we want millions of dollars anyway”.


10 posted on 05/08/2023 1:29:41 PM PDT by Roadrunner383
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To: Roadrunner383

Yes sue her for frivolous law suit.


11 posted on 05/08/2023 1:33:11 PM PDT by rovenstinez ( )
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To: algore

how would she know in the first place?


12 posted on 05/08/2023 1:35:11 PM PDT by ronniesgal (friends don't let friends be Kardashians)
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To: rovenstinez

You can bet once all the illegals get wise to our system they’ll be looking for suites to hit their jackpot. And it doesn’t take them long to learn it. There’s enough of their kind as Attorney’s and Activists here to make that happen.


13 posted on 05/08/2023 1:39:23 PM PDT by caww (O death, when you seized my Lord, you lost your grip on me......)
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To: algore

Well, if she is unable to prove that it isn’t tuna, then can she agree that it is trans-tuna. Yep, whatever it is has identified as tuna. Case closed or she will forever be known as tunaphobia.


14 posted on 05/08/2023 1:49:30 PM PDT by Saltmeat (69)
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To: No name given

She will next sue Donald Trump for getting her pregnant....


15 posted on 05/08/2023 1:58:58 PM PDT by minnesota_bound (Need more money to buy everything now)
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To: algore

It’s scrod that identifies as tuna.


16 posted on 05/08/2023 4:36:18 PM PDT by Tijeras_Slim
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To: Harmless Teddy Bear

IIRC they buy thousands of cases of Starkist Tuna every month.

If they are not using them to make sandwiches, what are they using all the tuna for?


To entice blind men to eat there?


17 posted on 05/08/2023 4:42:37 PM PDT by nesnah (Infringe - act so as to limit or undermine [something]; encroach on)
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To: nesnah

Ew


18 posted on 05/08/2023 4:43:29 PM PDT by Harmless Teddy Bear (Follow the money. Even if it leads you to someplace horrible it will still lead you to the truth.)
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To: algore

Grifting through Lawfare, like stupid, should hurt. Lawyers should have been sanctioned back when they “dialed back” their case.


19 posted on 05/08/2023 7:04:27 PM PDT by umbagi (Patriotism is supporting your country all the time and your government when it deserves it. [Twain])
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To: algore

Their Unbeef is hard to mistake in those fishy subs...


20 posted on 05/08/2023 7:16:24 PM PDT by Songcraft
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