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 ...
I like this judge. Now let’s enact “loser pays.”
You piqued my interest on this.
https://www.fpl.fs.fed.us/documnts/misc/miscpub_6409.pdf
Near as I can tell, it appears this downsizing started to occur in 1906. Many factors were involved including shipping weight, pricing, competition, etc.
So I stand corrected.
Actually thanks for challenging my preconceived notions on this. I will say that the WWII years and beyond were really the start of high volume commercial production of lumber at the standardized dimensions.
I guess I should shop for another judge when I bring up the next class action suit against Subway - I went there to hear trains rolling underground, but all the “Subway”’s I’ve eaten at were above ground with not even a caboose in sight.
I enjoyed a nice Subway club sandwich, on wheat bread, all veggies, lots of jalapeños, plus the limited edition spicy BBQ sauce this afternoon before I went out metal detecting with my son. Subway sandwiches here can be enjoyable, but they are definitely not like they were in the USA in the 80s and 90s, but still pretty decent for a good sandwich.
Read your later post. So I was not time tripping ... anyway, they measured an honest 2X4 inches and do to this day. Still have some I used to build a computer desk much later - after serving years on the back deck of my Dungeness crab boat as a sorting/pot landing platform.
When I started helping my dad the nominal 2”x4” was 1 3/4”x3 3/4” and not the smooth planed and milled kiln dried sticks. At one point I recall 1 5/8”x3 5/8” but can’t recall the grade other than suitable forframing.
Found this:
“Like a cotton T-shirt, lumber shrinks with drying, and the once rough, green, full-sized 2x4 becomes smaller.”
“Though dry lumber has the added advantage of staying straighter at the jobsite, the different drying rates of the various species of lumber being shipped around meant that there was still considerable variability in lumber sizes.”
“The advent of surface milling, or planning, helped the move towards a more uniform (though smaller) size and easier-to-handle lumber (a smooth surface meant less splinters for carpenters).”
“However, it wasn’t until 1969 that the U.S. Department of Commerce once and for all unified lumber sizes across the country. So, the once full-sized 2x4 was reduced to today’s 1-1/2 x 3-1/2 through a combination of drying, machining, as well as unifying the wide variety of species used to make the ubiquitous 2x4.”
Quoted source:
The definitive sources would be found in the Structural Wood Framing Manuals of years past that included actually dimensions, cross-secrmtional area and other data.
There had to be two.
A lot of the subway employees are women. We can’t measure because we are always told that 4” is 10”.
Sykes is a good one.
Thanks for the explanation. Sounds reasoned.
Thanks for the source link also.
I came across this a while back. It lists various boards and what their actual purchase dimensions are.
http://www.engineeringtoolbox.com/softwood-lumber-dimensions-d_1452.html
I’m working on a repair/reconstruct of a building in Napa built in 1901. It’s stone with an interior wood frame and lathe/plaster walls. The wood is hard core, rough cut real 2x4 and larger of oak or heart redwood.
Thanks for the reference link.
Instead, it's called that because it is long as Mr. Subway's foot.
Now let's just hope the lawyers don't start measuring the actual diameter of .38 rounds.
The late porn star John C Holmes was reputed to have a 13” penis. Fortunate for him it was not an inch shorter. Then it would have been a foot, and that would have ruined his career.
Nothing is precise as it is built. It is shimmed and corrected as it is built, wallboard compound and texturing fixes many ills.
I remember watching a building go up across the street from my office window. The girders were crooked and not straight up, each floor as it was built was inches off as seen left to right from the floor below. The workers compensated as they built each next floor up, and outside cladding made everything seem straight up on the tower. No precision needed on skyscrapers or bridges, just build within tolerances and cover it up to make it look okay. Just like with 2x4s in carpentry. I've built some nice looking tool sheds with warped, mis-sized 2x3s, 2x4s and 1x3s.
It's actually 1 3/8" X 3 5/8"
My lawyer will be in touch with you.
Fine, I’ve got some 1 3/8” x 3 5/8” lumber to sell...
LOL
Thanks.
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