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Wanted: Expert on Sandwich-Related Damages for 'Subway 11-Inch Litigation'

Less than one week ago I wrote here

I'm predicting it right here and now: "In re: Subway 11-Inch Litigation"

In a world where lawyers file class actions against basketball teams for resting their star players for the night that "class members" attend a game, how can there not be a class action on behalf of every Subway Footlong sub sandwich purchaser who got shortchanged by an inch?


Lo and behold, a putative class action was filed Tuesday in Superior Court in Mount Holly, N.J., on behalf of all of those pour souls who purchased these footlong sandwiches that did not quite measure up.

The Associated Press reports (via the ABA Journal) that the lawsuit was filed by an attorney named Stephen DeNittis, who says he plans to file a similar suit in Pennsylvania state court, as well. DeNittis "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." The lawsuit is reportedly seeking compensatory damages for the class and a change in Subway's practices.

So how does one calculate damages for a footlong sub that turns out to be 11 inches? I don't think it can be as simple as saying I paid five dollars and only received 11/12ths of what I paid for, since we are really only talking about the sub roll being too short. I suppose the damages are whatever the retail price of the sub roll is, multiplied by 1/12th? Maybe 50 cents times 1/12th, or about 4 cents per sub?

I'm sure that there is an expert on sandwich-related damages out there somewhere who can confirm this, right?

Posted by Bruce Carton on January 23, 2013 at 04:17 PM | Permalink | Comments (6)


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