Putative Class Members Literally “Ate The Evidence”

Even the attorney representing members of a putative class-action in the case had to admit he was having difficulty proving his claims because his clients “ate the evidence.” The case concerns Subway foot-long sandwiches, which are actually short of a foot, the class-action claims. Nine such suits have been filed against Subway in states across the nation after one Australian teen’s viral photo of a foot-long sub next to a ruler showed that the sandwich came up short. In a settlement, Subway’s parent company agreed to pay $500 to the 10 named plaintiffs, plus $520,000 in fees and expenses for the dozen attorneys who sued. That outcome shows that the case was “a pretty clear-cut example of lawyers abusing the system to benefit themselves,” lawyer Ted Frank, director of the Center for Class Action Fairness at the Competitive Enterprise Institute in Washington, D.C., told the ABA Journal. Frank is challenging the settlement, saying he has standing because he’s eaten dozens of Subway sandwiches and is therefore a member of the class. He had a friendly audience at the Seventh Circuit Court of Appeals in Chicago. “A class action that seeks only worthless benefits for the class should be dismissed out of hand,” said Judge Diane Sykes. “That’s what should have happened here … This is a racket.”