Subway's Tuna Sandwich Lawsuit Is Finally Coming To An End
After more than two years of dueling motions in California federal court, the lawsuit against Subway for serving 'fake' tuna is finally coming to an end. The sole plaintiff is a Bay Area woman by the name of Nilima Amin, and she has filed a motion to dismiss the suit without prejudice, which means she reserves the right to bring the lawsuit again at some point in the future.
The reason behind Amin's decision to press pause at this time is that she has become pregnant with her third child, and her debilitated physical condition, as well as an obligation to care for her family, has left her "unable to proceed with the obligations as plaintiff," according to Reuters. Since Subway has vowed to vigorously defend itself from what it referred to as Amin's false and damaging claims, it might seem surprising to learn that the sandwich chain is not letting the lawsuit go away without at least a bit more legal scuffling.
Subway counteracts with a frivolous lawsuit
On May 4, Subway countered Amin's motion to dismiss with its own allegations — that the lawsuit was "frivolous" from the get-go, per Reuters. In legal terms, a "frivolous lawsuit" is one filed with no realistic hope of success on the merits and, therefore, with the sole intent to harm the defendant. It is a serious allegation in that if the court agrees, the lawsuit filer could be held responsible for money damages as well as criminal charges. Indeed, Subway's latest court papers seek the dismissal of Amin's claims as a final matter and reimbursement by Amin and her attorneys of least $618,000 of the chain's legal expenses arising from the lawsuit.
But it doesn't stop there. Per Law360, Subway is also seeking sanctions against Amin's attorneys for "frivolously prolonging the case with no supporting facts." It remains to be seen whether that holds up, considering a California federal court judge rejected Subway's motion to dismiss back in July 2022 on the grounds that triable facts remained to be questioned.