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Why A Subway Sandwich Class Settlement Didn't Measure Up

Law360, New York (September 21, 2017, 1:22 PM EDT) -- In In Re Subway Footlong Sandwich Mktg. & Sales Practices Litig., No. 16-1652 (7th Cir. Aug. 25, 2017), the U.S. Court of Appeals for the Seventh Circuit overturned a district court’s approval of a class action settlement involving Subway sandwich purchasers who sued for alleged consumer fraud. The Seventh Circuit called the settlement “worthless” in terms of alleged relief to the class.

The decision illustrates that companies defending class action litigation cannot exit such lawsuits by simply “buying peace” and paying off plaintiffs lawyers, without providing...
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