IN RE SUBWAY FOOTLONG SANDWICH MARKETING LITIG.

No. 16-1652.

869 F.3d 551 (2017)

IN RE: SUBWAY FOOTLONG SANDWICH MARKETING AND SALES PRACTICES LITIGATION. Appeal of: Theodore Frank, Objector.

United States Court of Appeals, Seventh Circuit.

Decided August 25, 2017.


Attorney(s) appearing for the Case

Stephen P. DeNittis, Esq. , Attorney, DENITTIS OSEFCHEN, P.C., Marlton, NJ, Thomas A. Zimmerman, Jr. , Matthew Charles DeRe , Attorneys, ZIMMERMAN LAW OFFICES, P.C., Chicago, IL, for Plaintiffs-Appellees Nguyen Buren, Jason Leslie, Richard Springer, Barry Gross, and Charles Noah Pendrak.

Theodore H. Frank, Attorney, COMPETITIVE ENTERPRISE INSTITUTE, Washington, DC, Pro Se.

Jeffrey Babbin , John Doroghazi , David R. Roth , Attorneys, WIGGIN & DANA, New Haven, CT, Howard L. Teplinsky , Attorney, BEERMAN SWERDLOVE LLP, Chicago, IL, for Defendant-Appellee Doctor's Associates, Inc., doing business as Subway.

Howard L. Teplinsky , Attorney, BEERMAN SWERDLOVE LLP, Chicago, IL, for Defendants-Appellees Subway Sandwich Shops, Incorporated, John Does, and ABC Corporations.

Before Flaum, Rovner, and Sykes, Circuit Judges.


In January 2013 an Australian teenager measured his Subway Footlong sandwich and discovered that it was only 11 inches long. He photographed the sandwich alongside a tape measure and posted the photo on his Facebook page. It went viral. Class-action litigation soon followed. Plaintiffs' lawyers across the United States sued...

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