Class Actions Brief Blog

For what appears to have been a frivolous lawsuit, In re: Subway Footlong Sandwich Marketing and Sales Practices Litigation generated an interesting opinion from the Seventh Circuit full of class-action issues. The case originated when an Australian teenager posted a photo of an 11-inch Subway sandwich, with a tape measure, on his Facebook page. Coming in the midst of Subway’s $5 Footlongs^TM campaign, the picture went viral, and class-action cases were soon pending.

After early discovery showed that most “footlongs” were, in fact, 12 inches long, plaintiffs’ counsel ...

We don’t often get appellate guidance after a federal trial judge remands a case to state court following removal because 28 U.S.C. Sect. 1447(d) generally makes such a ruling unreviewable. But the Class Action Fairness Act (“CAFA”), 28 U.S.C. Sect. 1332(d), permits a court of appeals to accept an appeal of a remand from a class action. The Fourth Circuit exercised this right in Scott v. Cricket Communications, LLC, No. 16-2300 (4th Cir. July 28, 2017), in order to provide some guidance about the quantum and quality of proof required to prove the amount in controversy under ...

Not every class action court filing in North and South Carolina becomes a full-length post on our blog. Here is a recap of July's filings:

Prince, et al. v. Perfect Delivery, Inc., et al.; No. 8:17-cv-01950 (D.S.C. July 24, 2017) (purported collective and class action brought by delivery drivers against defendants, which operate Papa John’s franchises in North and South Carolina, alleging defendants used flawed methods to determine reimbursement rates for the drivers who used their own vehicles for delivery, thereby causing their wages to fall below federal minimum wage ...