Call Us 866.940.1101 ☰ ˟
866.940.1101
Logo
  • Home
  • About Us
    • About Us
    • Employee Directory
    • Partners Page
    • Event Calendar
    • Refer a Friend
  • Get A Quote
  • Products
    • Lawyers Malpractice Insurance
    • Professional Liability Coverage For Attorneys
    • Accountants Professional Liability
    • Dentist Malpractice Insurance
    • Business Owners Policy
    • Cyber Liability Insurance
    • Workers Compensation Insurance
    • Title Agents E&O Insurance
    • Paralegal Malpractice Insurance
  • Testimonials
  • Common Terms
    • Common Terms
    • Frequently Asked Questions
  • Blog
  • Contact
  • Areas We Serve
    • Grand Rapids, MI
    • Detroit, MI
    • Lansing, MI
    • Kalamazoo, MI
Home > Blog > Attorney Malpractice—Subway ‘Footlong’ is not a foot long Class Action Lawsuit Settlement Tossed
MONDAY, AUGUST 28, 2017

Attorney Malpractice—Subway ‘Footlong’ is not a foot long Class Action Lawsuit Settlement Tossed

It all started in 2013, Matt Corby, an Australian teenager, measured his subway Footlong sandwich.  It measured 11 inches.   He then posted the photographed picture of his sandwich along with a tape measure on Facebook.  From this start and with much notoriety class action attorneys sued Subway claiming misrepresentation under state consumer protection laws.  In 2016, a settlement was agreed to and preliminarily approved by a US District Court.

Prior to the settlement, an informal limited discovery in anticipation of mediation was conducted.  The discovery revealed that the claims were factually deficient. While some of the sandwiches were less than 12 inches, the vast majority were longer than 12 inches.  All of the sandwiches had the same amount of product, so no customer received less product.  According to the discovery it found that:

“The few that do not measure up generally fall short by only about a quarter-inch, and the shortfalls are the inevitable consequence of natural—and unpreventable—vagaries in the baking process.”

Theodore Frank objected to the proposed settlement and class action certification.  He argued that the proposed settlement did not benefit the class in any meaningful way.  The US District Judge dismissed his objections and approved the settlement.  Frank appealed the settlement.

The US 7th Circuit of Appeals threw out a class-action settlement intended to resolve claims that the Subway Sandwich Shops mislead customers by selling ‘Footlong’ subs that were less than a foot. According to the US 7th Circuit Court of Appeals:

“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.  That is an apt description of this case….Contempt as a remedy to enforce a worthless settlement is itself worthless. Zero plus zero equals zero.”

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.


In an upside down settlement the 10 plaintiffs who brought the case would get a split of $5,000 while the New Jersey law firm of DeNittis Osefchen Prince PC were to receive $520,000 in attorneys fees. Now the law firm must decide whether to appeal the decision or try to get more dough out of Subway for the class with an amended settlement.

Posted 1:19 PM

Tags: attorney malpractice insurance, lawyers professional liability insurance
Share |


No Comments


Post a Comment
Required
Required (Not Displayed)
Required


All comments are moderated and stripped of HTML.

NOTICE: This blog and website are made available by the publisher for educational and informational purposes only. It is not be used as a substitute for competent insurance, legal, or tax advice from a licensed professional in your state. By using this blog site you understand that there is no broker client relationship between you and the blog and website publisher.
Blog Archive
  • 2023
  • 2022
  • 2021
  • 2020
  • 2019
  • 2018
  • 2017
  • 2016
  • 2015
  • 2013
  • 2011

  • lawyers professional liability insurance(429)
  • attorney malpractice insurance(400)
  • attorney malpractice(337)
  • legal malpractice(225)
  • legal liability(134)
  • cyber insurance(106)
  • data breach(92)
  • ethics(87)
  • erp(57)
  • malpractice insurance(56)
  • claims(39)
  • title agency e&o(36)
  • accountant e&o(34)
  • extended reporting period endorsement(30)
  • tail(29)
  • phishing(25)
  • legal malpractice insurance(23)
  • prior acts(22)
  • claims made coverage(21)
  • extended reporting period(21)
  • cyber security(20)
  • cyber liability(18)
  • accountant errors & omissions(18)
  • claims reporting(18)
  • crime insurance(16)
  • ransomware(16)
  • claim prevention(16)
  • attorney protective cle(14)
  • the hartford weekly newsletter(14)
  • attorney protective cle webinar(14)
  • 2022 mcgowan pro cpe webinar for accountants(13)
  • professional liability insurance(13)
  • business owners insurance(12)
  • mcgowan webinar series for cpas 2021(12)
  • retirement tail(12)
  • attpro tip of the month(12)
  • legal liability insurance(11)
  • fee suits(10)
  • bop(10)
  • full prior acts(10)
  • cyber crime(10)
  • accountant errors & omissions insurance(10)
  • prior acts date(9)
  • step rating(9)
  • non-practicing erp(9)
  • cyber liability insurance(9)
  • title agent errors & omissions(9)
  • claims made(9)
  • coverage(8)
  • webinar(8)

View Mobile Version
Logo
Quick Links
Home Our Products Customer Service Payment Options Common Terms
About Us Refer A Friend Our Carriers Blog Contact Us
Location
2430 Camelot Ct SE
Grand Rapids, MI 49546

Local: 616.940.1101
Toll Free: 866.940.1101
Email: info@L2ins.com
Facebook Twitter Social LinkedIn
© Copyright. All rights reserved.
Powered by Insurance Website Builder