- The woman who sued Subway for its tuna wants to drop the lawsuit.
- Subway accuses the lawyers of filing a “frivolous case” and seeks sanctions.
- Subway also wants the class action lawsuit dismissed and the woman’s attorneys to pay legal fees.
The woman who sued Subway in 2021 alleging that its tuna products did not actually contain tuna, wants to end the lawsuit arguing that she is pregnant.
This led Subway to demand that the lawyers of the Californian woman be sanctioned for presenting what they consider “a frivolous case”.
According to Nilima Amin in a brief filed in a California court, the “serious morning sickness” and “weak conditions” stemming from the pregnancy with her third child have left her “incapable of continuing her obligations as a plaintiff”.
She wants to get rid of the lawsuit she herself filed to focus “on her health and that of her family.”
Amin wants to dismiss the case in federal court in San Francisco on a “without prejudice” basis, which would give him a chance to sue again when he feels better.
Subway’s response
In a court filing on May 5, Subway countered that Amin is “an excuse” because he is not doing well in the lawsuit and that his lawyers probably realized this was not a joke and that they would lose the fight. court would have consequences for the plaintiff.
The Subway brief speaks of “high-profile extortion” by Amin and his lawyers.
Subway also says in the text that the “media frenzy” of the lawsuit caused serious serious damage to the brand’s image and criticized Amin’s “ever-changing” complaint to discredit what he had said about the content of the brand’s products. .
Now, the food chain wants Amin’s proposed class action lawsuit dismissed and all lawyers (seven in total) bear at least $618,000 of Subway’s legal expenses.
Jeffrey Lamb, one of the plaintiff’s lawyers, declined to comment on his client’s submission, saying court protocol requires Amin’s submissions “solely express our position,” it publishes. Reuters.
According to Amin, before suing the brand in January 2021, he had ordered tuna products from Subway at least 100 times.
Based on that information, Amin accused Subway of using other species of fish, chicken, pork and beef in its tuna products, which she claimed did not contain any tuna at all.
In July 2022, a federal judge allowed the case to move forward, but rejected Amin’s claim that “reasonable consumers” expected to eat 100 percent tuna in products advertised as containing tuna.
Subway has more than 37,000 restaurants in 100 countries.
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