Court’s New Math in Subway Foot-Long Sub Lawsuit: Zero + Zero = Zero

USA Today discusses the Subway ‘footlong’ settlement with Adam Schulman.

A class-action lawsuit that almost extracted $520,000 out of Subway over the length of its sandwiches has been derailed at a federal appeals court.

The U.S. 7th Circuit Court of Appeals reversed a Milwaukee federal judge’s approval of a settlement in the infamous case about whether Subway’s “foot-long” sandwiches were always 12 inches long.

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Theodore Frank, “a class member and professional objector to hollow class-action settlements,” in Sykes’ words, tried to block the planned deal, but Adelman approved it. Besides fees to the lawyers, a few named plaintiffs would get $500 each.

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Adam Schulman, who represented the objector Frank (who is Ted Frank, director of the Center for Class Action Fairness), said, “It was wonderful to see the principle vindicated,” that cases without benefits to absent class members should not be certified.

“Subway should really be the happiest,” though, he said, as Schulman read Sykes’ language to suggest the case is likely headed for dismissal.

Read the full article at USA Today.