Subway Footlong settlement reversed: Not even crumbs left for class

Federal Courts

By Jay S. Judge

Jay S. Judge, a name partner of Judge, James, Hoban & Fisher LLC in Park Ridge, is a defense attorney who specializes in trials, appeals and insurance coverage. Judge graduated with honors from The John Marshall Law School and served as editor-in-chief of the school’s law review.

Posted September 12, 2017 12:11 PM

Today’s case is from the 7th U.S. Circuit Court of Appeals, which reversed a class-action settlement against the Subway sandwich shop company where the plaintiffs claimed Subway’s Footlong sandwiches didn’t always measure 12 inches.Finding no benefit to the class, the appeals court reversed the settlement because the pact granted only injunctive relief, no damages for the class and $520,000 in attorney fees. The 7th Circuit, moreover, sent a message to litigants that a class action which offers no benefit …

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