It has been going on for nearly two-and-half years already. Two California consumers claimed there was no tuna in Subway’s tuna sandwiches.
The case generated headlines worldwide.
We’ve written six stories about the case. First the consumer claimed there was no tuna in their subs, then her lawyers said it wasn’t 100-percent tuna, and on and on. The lawyers filed and withdrew complaint after complaint, changing their theory of the case.
The company got a huge black eye because of these cases, and probably suffered significant reputational damage and lost sales.
Now, on April 20, 2023, the consumer sought to voluntarily dismiss the case.
But guess what? Subway said not so fast. In essence, because the consumer and her lawyers put the company through the wringer even after having been provided with documentation pinpointing the place where the tuna is captured to how it’s packaged, Subway’s lawyers are seeking sanctions against the consumer’s lawyers.
They say the suit should have been dropped long ago, and way before the company had to spend over $600,000 in legal fees to defend itself. The six consumer lawyers filed various pleadings, they say, to extend the lawsuit “motivated by the prospect that Subway might simply pay a windfall settlement.”
For their part, the consumer’s lawyers countered that the consumer is withdrawing her complaint because of health issues. They went on to say:
Plaintiff filed her complaints with a good faith, non-frivolous basis based on testing and evidence that there was something amiss with respect to the meat product defendants were selling as ‘tuna.’
MrConsumer has always thought the case was a little fishy because of the questionable test results the consumer’s lawyers claimed to have. Now, finally, the case should come to a conclusion after an August hearing.
I’m on Subway’s side. Frivolous lawsuits intended to extract money from large companies should not be tolerated. Dismissing them only encourages more greedy deplorables to imitate this behavior.
I agree:
Frivolous lawsuits, patent trolls, are a needless drain on companines and really only benefits the attorney.
The consumer lawyers are backing away hiding behind their plaintiff’s “poor health,” but Subway is right to call them out for doing exactly what they’ve been doing. Drawing the legal process out for literally as long as they possibly can in hopes that Subway will just give up and settle out of court with the plaintiff. Subway should pursue those lawyers and at least have them sanctioned if nothing else. I think Subway has a good case for why these lawyers should have to foot part of Subway’s legal bills.
My comment on those lawyers who brought the suit is this joke:
How do you know when a lawyer lies? When he opens his mouth.
I have tasted the tuna once when my wife had ordered one. I don’t recall whether I liked it or not. Maybe it’s time I go buy tuna sub from Subway. Maybe that will loosen up their pain.
I’ve always enjoyed the tuna sandwich.
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Isn’t there a ‘rule’ where the loser in a court action gets to pay the other sides legal fees. That would surely reduce the number of nuisance and frivolous lawsuits. If so, then you would want to make sure you ave a strong case.
The entire legal system is a joke starting with ambulance chasing lawyers and ending with the current Supreme Court!
just turn on the tv and within 5 minutes a dozen lawyers will show up making believe they are bikers and understand you better than the other lawyers do.
one woman says it like it is…who cares if you ride ? you just want someone to go after the other guy a d make you (them) rich.
we are entitiled to everything on earth for free now. do not believe me, again watch the tv ads and they all says so. sad.
Back when I was a Subway fan I always enjoyed their tuna sandwiches. I’ve never had a problem with the taste and quality. I’m on Subway’s side regarding this lawsuit.
I don’t patronize Subway and haven’t for years. When they started to downsize the fillings especially the number of meatballs in their meatball sandwiches (another favorite of mine) that’s when they lost me as a Subway fan.
Next, there will be a lawsuit claiming Subway’s Foot Longs aren’t 12″ long.
Wait…….
Bill… that happened years ago!
i think the lawyers should pay Subways legal bills and damages of couple million dollars. then be disbarred for unethical conduct.
they tried to scam subway and they should be held accountable along with their client