January 12, 2018

“An Already Outrageous Fee into the Absurd”

While most of the legal community was focused on the landmark Bristol-Myers Squibb jurisdiction case, a Porter Wright Morris & Arthur lawyer said in Law360 the Seventh Circuit’s Subway ‘Footlong’ decision may also “have an outsized effect” on product liability cases.

Last summer, the Seventh Circuit reversed a decision to approve a settlement in a class action lawsuit that accused Subway of short-changing customers on their ‘Footlong’ sandwiches. The court said the settlement offered “no meaningful relief” to class members, and the amount of fees awarded to class counsel was “no better than a racket.” 

According to defense lawyer J. Philip Calabrese, 40 percent of all 2017 federal class actions pertain to product liability issues, meaning the Subway case can impact a wide array of lawsuits. 

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