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Subway class action thrown out
Old 08-25-2017, 07:49 PM   #1
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Subway class action thrown out

I had posted an article where the lawyers on a class action received 4X (IIRC) what the plaintiffs were to receive... now I see this...

Seems someone decided to sue Subway for getting an 11 inch sandwich instead of a foot long... but it also seems like the lawyers are going to get paid... not sure reading the article....

I like this from a judge....
"A class action that seeks only worthless benefits for the class and yields only fees for class counsel is no better than a racket and should be dismissed out of hand," Circuit Judge Diane Sykes wrote for a three-judge panel. "That's an apt description of this case."
https://www.yahoo.com/finance/news/w...194947165.html
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Old 08-25-2017, 07:57 PM   #2
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Hear, hear!!
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Old 08-25-2017, 08:02 PM   #3
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Would that same judge happily pay full price for a dozen eggs if only 11 were in the carton?
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Old 08-25-2017, 08:07 PM   #4
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I don't think he would care.
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Old 08-25-2017, 08:33 PM   #5
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Which reminds me:
I can't believe it has been nearly 10 years since T-Al's infamous thread on Subway sandwich policies.

A true classic.

"What do you do all day?" indeed!
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Old 08-25-2017, 09:53 PM   #6
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I figure subway sandwich lengths are like 2x4 sizes now days just an approximation.
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Old 08-25-2017, 10:19 PM   #7
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Originally Posted by Music Lover View Post
Would that same judge happily pay full price for a dozen eggs if only 11 were in the carton?

But not the same.... as they say, bread bakes different.... you are getting the same amount of bread and same amount of meat if it is 11 inches or 12... you are getting one less egg if you get 11 and pay for 12...
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Old 08-26-2017, 05:26 AM   #8
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+1. Totally different from 11 eggs in a carton of a dozen. I'm not sure about the same amount of bread... but certainly the same amount of meat since there are a standard number of slices of meat per sub. Next thing you know some plaintiffs bar will be measuring the thickness of each slice of meat with a micrometer and making a claim if they vary.
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Old 08-26-2017, 07:17 AM   #9
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Common sense does still exist in the legal profession! It's just a rare bird.....
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Old 08-26-2017, 07:25 AM   #10
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It's probably 12" of bread before it's baked. It doesn't matter what it is when it's served. Just like any burger place that advertises a quarter-pounder or something similar. That is the before-cooked weight, not the served weight.
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Old 08-26-2017, 08:13 AM   #11
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Originally Posted by meierlde View Post
I figure subway sandwich lengths are like 2x4 sizes now days just an approximation.
Ah yes - Subway's version of the nominal sub. Here is the forest service on why lumber dimensions are the way they are:
History of Yard Lumber Size Standards (September 1964)
Having worked with houses built around 1900 and tried to continue walls that used full dimensional lumber with the metropolitan "studs" available now I gotta wonder what a circa 1900 foot long sub looked like..
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Old 08-26-2017, 08:23 AM   #12
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Ironically, lumber dimensions are the crux of a lawsuit filed this summer against Menards and Home Depot: Whacked with a 4x4: Menards, Home Depot face lawsuits over descriptions of lumber size
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Old 08-26-2017, 08:44 AM   #13
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Originally Posted by Music Lover View Post
Would that same judge happily pay full price for a dozen eggs if only 11 were in the carton?
More importantly, would they be a judge if they could not count eggs? But then again, I check my eggs to make sure they are not broken. I'm buying the expensive, free range kind. Now I'm wondering if they are really free range. Maybe we need a class action.

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Old 08-26-2017, 08:49 AM   #14
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Originally Posted by pb4uski View Post
+1. Totally different from 11 eggs in a carton of a dozen. I'm not sure about the same amount of bread... but certainly the same amount of meat since there are a standard number of slices of meat per sub. Next thing you know some plaintiffs bar will be measuring the thickness of each slice of meat with a micrometer and making a claim if they vary.
Not sure how they determine how much dough to put for each bun, but I would guess that the difference in the weight of the bread is within the margin of error that is acceptable to the industry....

IOW, no 2 hamburger buns are 'the same', but are close enough that we do not care... to me, same with Subway bread...


BTW, I throw away the ends as they are usually 'crusty' and I like soft bread....
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Old 08-26-2017, 10:11 AM   #15
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Originally Posted by Texas Proud View Post

I like this from a judge....
"A class action that seeks only worthless benefits for the class and yields only fees for class counsel is no better than a racket and should be dismissed out of hand," Circuit Judge Diane Sykes wrote for a three-judge panel. "That's an apt description of this case."
If it's a racket, then the racketeers should be prosecuted under the RICO laws. That's something even I would watch.
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Old 08-26-2017, 11:06 AM   #16
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Originally Posted by Mr._Graybeard View Post
Ironically, lumber dimensions are the crux of a lawsuit filed this summer against Menards and Home Depot: Whacked with a 4x4: Menards, Home Depot face lawsuits over descriptions of lumber size
Quote:
However, Turin and his clients dispute that the differences between nominal descriptions and actual dimensions are common knowledge.
Where in the world do they find such idiots?

I yearn for the day that some judge says something along the lines of.... "Counseler, your claim is bloody ridiculous. I grant the defendant's motion for dismissal and order the plaintiffs and their attorney's to reimburse the defendant for all legal and administrative costs in obtaining the dismissal and further order the plaintiff's attorneys to each put in 40 hours framing Habitat for Humanity housing so they learn the follies of their ways.".... or something like that.
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Old 08-26-2017, 12:52 PM   #17
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Originally Posted by meierlde View Post
I figure subway sandwich lengths are like 2x4 sizes now days just an approximation.
Here's another one:

When I was a kid, a "baker's dozen" was not just a meaningless phrase. If you bought a dozen donuts at the baker, there would be 13 in the box.

I can't buy such things any more due to my overweight problem, but I suspect that the baker's dozen is just an historical oddity by now.
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Old 08-26-2017, 01:19 PM   #18
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Quote:
Originally Posted by Mr._Graybeard View Post
Ironically, lumber dimensions are the crux of a lawsuit filed this summer against Menards and Home Depot: Whacked with a 4x4: Menards, Home Depot face lawsuits over descriptions of lumber size
Quote:
Originally Posted by pb4uski View Post
Where in the world do they find such idiots...
The lawyers filing the suit are no idiots. They stand to make money from this.

I am surprised that Home Depot is just now sued. Lowe's faced an identical suit back in 2014 about its 2"x4" being actually 1.5"x3.5". When I read this, I thought why Lowe's was singled out. Now we know it was not.

See: Lowe‚€™s ordered to pay 2x4 settlement | HBS Dealer.

I am not old enough to know when a 2x4 was not 1.5x3.5. The latter has been standard in the lumber industry at least since the late 1940's according to a Web site.

A 1963 document by the Forest Service talked about the various agreements inside the lumber industry dating back to 1902 on this matter.

See: https://www.fpl.fs.fed.us/documnts/m...scpub_6409.pdf.
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Old 08-26-2017, 01:42 PM   #19
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But not the same.... as they say, bread bakes different.... you are getting the same amount of bread and same amount of meat if it is 11 inches or 12... you are getting one less egg if you get 11 and pay for 12...
Yes, but some of us cheapskates split the sandwich 3 ways. 12 dived by 3 is easy, each person gets 4 inches of the sandwich. But, 11 divided by three is ...... 3.6666666666666666666666 onto infinity. Very hard to measure.
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Old 08-26-2017, 01:53 PM   #20
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Yes, but some of us cheapskates split the sandwich 3 ways. 12 dived by 3 is easy, each person gets 4 inches of the sandwich. But, 11 divided by three is ...... 3.6666666666666666666666 onto infinity. Very hard to measure.
You forgot to account for the fact that the ends are of lesser volume than the middle section, plus the fillings are more piled onto the center.

I will take that mid section, thank you.
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