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In the spirit of continuing the fine American way of suing others for the most assinine and frivolus reasons as attested to PG's earlier thread I just HAD to make sure that this one made it's way here for some limelight action.

I think most of us have heard about the "not-exactly-6" Subway sandwich fiasco last week. Well, it was just a matter of time!

2 NJ men sue Subway over short footlong sandwiches

By GEOFF MULVIHILL

The Associated Press

Two New Jersey men sued Subway this week, claiming the world's biggest fast-food chain has been shorting them by selling so-called footlong sandwiches that measure a bit less than 12 inches.

The suit, filed Tuesday in Superior Court in Mount Holly, may be the first legal filing aimed at the sandwich shops after an embarrassment went viral last week when someone posted a photo of a footlong and a ruler on the company's Facebook page to show that the sandwich was not as long as advertised.

At the time, the company issued a statement saying that the sandwich length can vary a bit when franchises do not bake to the exact corporate standards.

Stephen DeNittis, the lawyer for the plaintiffs in the New Jersey suit, said he's seeking class-action status and is also preparing to file a similar suit in Pennsylvania state court in Philadelphia.

He said he's had sandwiches from 17 shops measured — and every one came up short.

"The case is about holding companies to deliver what they've promised," he said.

Even though the alleged short of a half-inch or so of bread is relatively small, it adds up, he said. Subway has 38,000 stores around the world, nearly all owned by franchisees and its $5 footlong specials have been a mainstay of the company's ads for five years.

DeNittis said both plaintiffs — John Farley, of Evesham and Charles Noah Pendrack, of Ocean City — came to him after reading last week about the short sandwiches.

DeNittis is asking for compensatory damages for his client and a change in Subway's practices.

The Milford, Conn.-based firm should either make sure its sandwiches measure a full foot or stop advertising them as such.

He points to how McDonald's quarter-pounders are advertised as being that weight before they are cooked.

Subway did not immediately return a call to The Associated Press on Wednesday.

***

Ahhhhh....Now I feel better about being an American and knowing that there are folks out there making sure they get their's!

"The difference between excellence and mediocrity is commitment." Twitter: @KwwJ829

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Two words make this one evil-"Class Action". I am an attorney and even my blood boils when I read of these things. The typical result was one in which I could have received a "settlement". As a Prudential policy holder, I was notified of a suit's settlement. As one of the "victims", I was given the right to purchase more insurance, but at a discounted rate. Big deal..but the legal fees awarded were in the multi-millions.

The winners in class action suits are the blood-suckers that file these things, truly seeking a big pile of legal fees as the "settlements" proposed and approved are rarely worth the stamp to mail in a claim. Class actions suits clearly are absurd in their results-little true "relief" but absurd legal fees.

...and if this absurdity gets off the ground, the plaintiffs will get coupons for discounts on Subway subs...and the lawyers will get million$.
Last edited by hokieone
What, does everyone think about all the law suits against the NFL? I see that Junior Seau's family has now filed a suit. Wrongful Death lawsuit.

Doesn't everyone know that football can be very dangerous? Wouldn't College football, high school football also be part of a suit that is based on damage over a long period of time?
quote:
Originally posted by hokieone:
Two words make this one evil-"Class Action". I am an attorney and even my blood boils when I read of these things. The typical result was one in which I could have received a "settlement". As a Prudential policy holder, I was notified of a suit's settlement. As one of the "victims", I was given the right to purchase more insurance, but at a discounted rate. Big deal..but the legal fees awarded were in the multi-millions.

The winners in class action suits are the blood-suckers that file these things, truly seeking a big pile of legal fees as the "settlements" proposed and approved are rarely worth the stamp to mail in a claim. Class actions suits clearly are absurd in their results-little true "relief" but absurd legal fees.

...and if this absurdity gets off the ground, the plaintiffs will get coupons for discounts on Subway subs...and the lawyers will get million$.
I was involved without my knowledge in the Citibank class action suit several years ago. It was about overcharging interest on credit cards. I received a check for a buck something. I wonder what the attorneys received.
quote:
Originally posted by Bulldog 19:
I think that if any of the lawsuits against the NFL for the concussions are even remotely successful, then the game of tackle football is DONE.
Step one is it will move from being a high school sport to a club sport. This will be due to the liability and liability insurance. A liberal state like Massachusetts where high school football isn't a big deal will lead the way.

I'm surprised the NHL hasn't addressed players punching each other in the head when fighting. I figure the concussion issue will end hockey fights.
quote:
Originally posted by PGStaff:
What, does everyone think about all the law suits against the NFL? I see that Junior Seau's family has now filed a suit. Wrongful Death lawsuit.

Doesn't everyone know that football can be very dangerous? Wouldn't College football, high school football also be part of a suit that is based on damage over a long period of time?


I think that the family's lawsuit is more about bringing awareness to the situation rather than collecting $$ and helping former players to get help they need for problems that are showing up as they get older.

It's about time that the NFL takes personal responsibility on this issue.
From what I have seen in pleadings and read, the NFL lawsuits are tremendously intriguing and present major issues for the NFL.
The actual injuries and concussion residuals are covered by workers' compensation both for disability and medical care. The player recovers and does not need to prove fault, but the disability payment is far less than what might be the damages.
The lawsuits seem to have two common themes, but there might be more.
One theme of liability is the teams and team doctors were providing/injecting Toradol as an analgesic for pain, and this occurred before games, to tolerate the level of contact and pain or discomfort during and after the games. The Toradol is a blood thinning type drug. Necessarily, if the athlete sustains a concussion, the theory is the amount of damage and bruising and impact to the brain is increased because of the way the Toradol impacts the blood to the brain,i.e, more bleeding. The theory is also advanced the Toradol would disguise the level of symptoms from the concussion so the player would play despite the concussion.
Another theory of liability is based on the lead medical director for the NFL consistently denying any association between football as it was/is played in the NFL and concussions, brain injury and the like. He did so all the way through 2007/2008, before being discredited and removed, according to some. Supposedly he provided those opinions to the NFL and players knowing his opinions were faulty, so as to mislead the players on the dangers which were medically known/appreciated to exist.
While the knowledge/concealment issue with the lead NFL medical investigator could be fascinating in the legal proceedings, the Toradol issue seems to be one which could have major impact and potential in getting the issues to trial and outside of the realm of workers' compensation exclusivity which usually applies to work related injuries.
Last edited by infielddad
quote:
Originally posted by infielddad:
From what I have seen in pleadings and read, the NFL lawsuits are tremendously intriguing and present major issues for the NFL.
The actual injuries and concussion residuals are covered by workers' compensation both for disability and medical care. The player recovers and does not need to prove fault, but the disability payment is far less than what might be the damages.
The lawsuits seem to have two common themes, but there might be more.
One theme of liability is the teams and team doctors were providing/injecting Toradol as an analgesic for pain, and this occurred before games, to tolerate the level of contact and pain or discomfort during and after the games. The Toradol is a blood thinning type drug. Necessarily, if the athlete sustains a concussion, the theory is the amount of damage and bruising and impact to the brain is increased because of the way the Toradol impacts the blood to the brain,i.e, more bleeding. The theory is also advanced the Toradol would disguise the level of symptoms from the concussion so the player would play despite the concussion.
Another theory of liability is based on the lead medical director for the NFL consistently denying any association between football as it was/is played in the NFL and concussions, brain injury and the like. He did so all the way through 2007/2008, before being discredited and removed, according to some. Supposedly he provided those opinions to the NFL and players knowing his opinions were faulty, so as to mislead the players on the dangers which were medically known/appreciated to exist.
While the knowledge/concealment issue with the lead NFL medical investigator could be fascinating in the legal proceedings, the Toradol issue seems to be one which could have major impact and potential in getting the issues to trial and outside of the realm of workers' compensation exclusivity which usually applies to work related injuries.

Did not realize about the Toradol issue. That could be very problematic. Hopefully a balance will be achieved here. Players willing to assume some risk and the NFL willing to be as cautious as possible. If it becomes all liability for the NFL where safety is paramount, football may become extinct like the gladiators of old.

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