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#2940350 - 03/03/16 07:56 PM Making Out Like Bandits
azmastablasta Offline
PM Junkie

Registered: 12/13/07
Posts: 14187
Loc: Arizona
Note who gets their pockets filled, not the plaintiffs. Holy carp, lying about 1/2" to an inch? Don't let your wives read this, I'm just sayin.

Subway to ensure 'Footlongs' measure up after lawsuit
Published February 29, 2016

Subway customers can finally rest assured that their "Footlong" sandwiches will be as long as promised.

A judge last week granted final approval to a settlement of a class-action suit filed against Subway after an Australian teenager in 2013 posted an image of his sandwich on Facebook that was only 11 inches. The image garnered international media attention, with The New York Post writing that it found four out of seven Footlongs it purchased in New York "measured only 11 or 11.5 inches."

A judge had given preliminary approval in October to a settlement between Subway's parent company Doctor's Associates and plaintiffs' attorneys. Final approval was granted on Feb. 25.

As part of the settlement, Subway agreed to institute practices for at least four years to ensure its bread is at least 12 inches long. The judge approved $520,000 in attorney fees and $500 for each of the 10 individuals who were representatives of the class, but no monetary claims were awarded to potential members of the class.

"It was difficult to prove monetary damages, because everybody ate the evidence," said Thomas Zimmerman, who was co-lead attorney for the class. Zimmerman said the attorney fees are being split among 10 law firms.

Subway said in a statement that it was pleased the judge found no wrongdoing on its part.

"This allows us to move forward, without distractions, on our goal to provide great tasting sandwiches and salads, made exactly as each guest likes. We have already taken steps to ensure each guest receives the Footlong or six-inch sandwich they order," the statement said.

Lynn Adelman, a judge for the U.S. District Court Eastern District of Wisconsin, wrote in the final approval that the plaintiffs' attorneys realized their claims "were quite weak" after an initial mediation session. Instead of trying to get class certification for monetary damages, he said plaintiffs decided to focus on injunctive relief requiring Doctor's Associates to ensure its sandwiches are at least 12 inches long.

Adelman wrote that the plaintiffs' attorneys learned Subway makes its bread with "dough sticks" that weigh the same when they arrive at stores frozen. The dough is then thawed and stretched before baking, a process that can lead to variability in the size and shape of the resulting bread.

While the dough may have different shapes, it still has the same quantity of ingredients, Adelman wrote. The amount of meat and cheese is also standardized, but it's possible that a shorter bread loaf might lead to a slightly less toppings. For instance, "a sandwich that was ¼-inch shorter than advertised might be missing a few shreds of lettuce or a gram or two of mayonnaise," the judge wrote.

But Adelman also noted that sandwiches are made in front of the customer, who can ask for more toppings.

"Thus, the plaintiffs learned that, as a practical matter, the length of the bread does not affect the quantity of food the customer receives," Adelman wrote.

Still, Subway agreed as part of the settlement to take steps to ensure its bread is at least 12 inches long, including requiring franchisees to "use a tool for measuring bread."

Tolerance is the virtue of a man without convictions.

You can lead a man to knowledge but you can't make him think.

Wise men argue causes; fools decide them. Anacharsis

#2940357 - 03/03/16 08:12 PM Re: Making Out Like Bandits [Re: azmastablasta]
Orneryolfart357 Offline
PM senior

Registered: 10/06/07
Posts: 9053
Loc: Nevada
After toting a Bakers dozen for years, its time for honesty! LOL

#2940386 - 03/03/16 09:12 PM Re: Making Out Like Bandits [Re: azmastablasta]
jumprightinit Offline
PM senior

Registered: 12/29/07
Posts: 7004
Loc: Ione, Washistan
Kind of like Home Depot and the 2x4's. I'm thinking Microsoft selling a 250 gb computer that only has 245 gb's, that could be a payday smile
A fear of weapons is a sign of retarded sexual and emotional maturity.

Be careful. Sometimes they look like regular people.

No matter how you look at it at the end of the day BO still stinks.

#2940410 - 03/03/16 10:03 PM Re: Making Out Like Bandits [Re: azmastablasta]
NdIndy Offline
PM senior

Registered: 05/17/09
Posts: 5405
Loc: Viera FL
Dumb and a half. Its not like you get more sandwich. Take the same bread and make it 2 feet long, exact same sandwich. It all looks like poop in the end.
My therapist says I'm a bad kisser.

#2940482 - 03/04/16 12:19 AM Re: Making Out Like Bandits [Re: azmastablasta]
6724 Offline
Die Hard Member III

Registered: 01/19/11
Posts: 2908
Loc: colorado
what a joke.

is this what the country has become? people filing suit AND winning because their sandwich was 1/2" short?

seriously? must be bernie voters!

#2940485 - 03/04/16 12:33 AM Re: Making Out Like Bandits [Re: azmastablasta]
Infidel 762 Offline

Registered: 04/04/14
Posts: 6920
Loc: Okie
I think it is only the cold sandwiches with issues..

#2940613 - 03/04/16 10:48 AM Re: Making Out Like Bandits [Re: azmastablasta]
NdIndy Offline
PM senior

Registered: 05/17/09
Posts: 5405
Loc: Viera FL
1/2 a million to the attys, 0 for the claimants and another frivolous lawsuit. Gee, wonder if there might be something wrong with our legal system.
My therapist says I'm a bad kisser.

#2940647 - 03/04/16 11:41 AM Re: Making Out Like Bandits [Re: azmastablasta]
Barlow Offline
Predator Master

Registered: 02/05/15
Posts: 51
Loc: Wisconsin
Subway advertises a foot long sandwich. You assume the sandwich you pay for is 12" long. If it in fact is shorter than advertised, that is fraudulent. They don't advertise it as "about a foot". It's called truth in advertising, and they should be held accountable. Barlow

#2940981 - 03/05/16 07:55 AM Re: Making Out Like Bandits [Re: azmastablasta]
seeknulfind Offline
Die Hard Member

Registered: 06/14/11
Posts: 730
Loc: Keysville, VA
It's like the guy who was arrested for embezzlement (No, his name was not Clinton - he WAS arrested silly!). When the lawyer visits him the guy says,

"Well, they've got a pretty good case against me but I've got a cool million stashed away that no one knows about."

The lawyer says "You'll never spend a day in prison with that kind of money"

True to his lawyer's word, the guy was dead broke when he was sentenced to 10-20 years.
Ye blind guides, which strain at a gnat, and swallow a camel. Matthew 23:24

Common Sense is SELF DEFENSE... by any means necessary.
What is Inevitable - Now a Blog Last Updated April 4, 2018


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