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'Worthless' Subway 'Footlong' sandwich settlement is thrown out: U.S. court
reuters ^ | August 25, 2017 | Jonathan Stempel

Posted on 08/27/2017 10:58:20 AM PDT by Mount Athos

A U.S. appeals court on Friday threw out a class-action settlement intended to resolve claims that the Subway sandwich chain deceived customers by selling "Footlong" subs that were less than a foot long.

The 7th U.S. Circuit Court of Appeals in Chicago called the settlement "utterly worthless," and said the customers' lawyers were not entitled to attorney's fees for convincing Subway it was better to make the case go away than fight.

"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," Circuit Judge Diane Sykes wrote for a three-judge panel.

"This is exactly the opinion we were hoping for," Frank said in an interview. "It affirms the principle that when attorneys bring class actions to benefit only themselves, it's an abuse of the system, and courts should not tolerate it."

The case is In re: Subway Footlong Sandwich Marketing and Sales Practices Litigation, 7th U.S. Circuit Court of Appeals, No. 16-1652.

(Excerpt) Read more at reuters.com ...


TOPICS: Crime/Corruption; News/Current Events
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1 posted on 08/27/2017 10:58:20 AM PDT by Mount Athos
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To: Mount Athos


"Is that a footlong?"

"And then some."
2 posted on 08/27/2017 10:59:29 AM PDT by dfwgator
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To: dfwgator

She sat there staring, paralyzed and open mouthed!


3 posted on 08/27/2017 11:02:08 AM PDT by lee martell
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To: dfwgator

Well played.

L


4 posted on 08/27/2017 11:04:46 AM PDT by Lurker (President Trump isn't our last chance. President Trump is THEIR last chance.)
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To: Mount Athos

There seems to be at least some in the judiciary who haven’t lost their sense.


5 posted on 08/27/2017 11:10:43 AM PDT by Lurkinanloomin (Natural Born Citizen Means Born Here Of Citizen Parents - Know Islam, No Peace -No Islam, Know Peace)
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To: Mount Athos
"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," Circuit Judge Diane Sykes wrote for a three-judge panel.

WOW! A judge with a working brain. I honestly did not think one existed. Notice I said "one". Judge Sykes is a very rare animal, to be sure...

6 posted on 08/27/2017 11:12:37 AM PDT by jeffc (The U.S. media are our enemy)
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To: Mount Athos
Ye ole.....Pound of flesh but not a drop of blood.

When you accepted the sub, paid your money and ate it, you clinched the case for Subway.

7 posted on 08/27/2017 11:14:25 AM PDT by Sacajaweau
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To: Mount Athos

The lumber industry just heaved a sigh of relief.

A 2 x 4 is 1.5 x 3.5 inches.

Other pieces are similarly shaved.


8 posted on 08/27/2017 11:16:07 AM PDT by DoughtyOne (Exempting Trump and his team, our media and government have adopted the Zoolander management style.)
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To: jeffc

She’s on Trump’s list of potential Supreme Court nominees.


9 posted on 08/27/2017 11:17:48 AM PDT by garandgal
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To: DoughtyOne

I seem to recall a case in California recently where the State sued Home Depot because a 2x4 was not a 2x4. It looked like a shakedown to me.


10 posted on 08/27/2017 11:18:57 AM PDT by shelterguy
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To: Mount Athos

My foot is not a foot long. Whom do I sue?


11 posted on 08/27/2017 11:22:05 AM PDT by reg45 (Barack 0bama: Gone but not forgiven.)
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To: shelterguy

It was Lowes. http://www.hbsdealer.com/article/lowes-ordered-pay-2x4-settlement


12 posted on 08/27/2017 11:23:42 AM PDT by shelterguy
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To: Lurkinanloomin
still waiting for my tuna fish money...

I remember when Verizon had their big payout after a class action suit...

it turned out to be a "free" set of cheap ear phones....

the lawyers?...millions in fees...

13 posted on 08/27/2017 11:24:47 AM PDT by cherry
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To: Mount Athos
selling "Footlong" subs that were less than a foot long.

Customers never heard of "shrinkage"?

14 posted on 08/27/2017 11:24:59 AM PDT by Hot Tabasco
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To: shelterguy

I missed that one. LOL

In California, I’d believe it. We’ve got the biggest horse “stuff” legislature in world history. Nero probably had a better governing body.


15 posted on 08/27/2017 11:25:10 AM PDT by DoughtyOne (Exempting Trump and his team, our media and government have adopted the Zoolander management style.)
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To: DoughtyOne

Been that way for over 60 years. “2X4” is a throwback to the days of square edge rough cut framing lumber from the local sawmill that wasn’t commercially kiln dried.


16 posted on 08/27/2017 11:25:22 AM PDT by headstamp 2 (Ignorance is reparable, stupid is forever)
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To: jeffc

Charlie Syke’s former wife. And she was in the running for a SCOTUS nomination....


17 posted on 08/27/2017 11:27:01 AM PDT by Kozak (DIVERSITY+PROXIMITY=CONFLICT)
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To: headstamp 2

Thanks for the mention. I’ve never known the reason for the sizes on cuts of lumber.

Hey, you know what you’re getting up front. It’s no big deal. You determine your needs and make purchases accordingly.

At Subway you see the bun you’re sandwich will be made from. If you don’t like what you see, don’t buy it.


18 posted on 08/27/2017 11:27:44 AM PDT by DoughtyOne (Exempting Trump and his team, our media and government have adopted the Zoolander management style.)
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To: shelterguy

The 2 x 4 is measured before planing. Just as McDonald’s quarter pounder is measured before cooking.


19 posted on 08/27/2017 11:27:55 AM PDT by reg45 (Barack 0bama: Gone but not forgiven.)
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To: Mount Athos
It seems like a good decision. Most of us know of "class action" lawsuits where the lawyers got millions and the people in the class action got a generally worthless part of the settlement.

What were the people in the Subway lawsit going to get? A free 12" ruler?

20 posted on 08/27/2017 11:29:07 AM PDT by Enterprise (Do away with all symbols of past slavery. Start with the Democrat Party.)
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