Subway Lawsuit Plaintiff Withdraws Case After Huge Country Drama
By Hira Waheed
11 May 2023
In a surprising twist, Nilima Amin, the California woman who sued Subway over allegations that its tuna products contained ingredients other than tuna, now intends to end her lawsuit due to her pregnancy. This decision has prompted Subway to request sanctions against Amin's lawyers, claiming that the case was brought frivolously. Let's delve into the details of this development.
Pregnancy Complications Prompt Dismissal Request
Nilima Amin has cited her current pregnancy, specifically severe morning sickness and other debilitating conditions, as the primary reasons behind her desire to dismiss the case. Amin states that these health challenges prevent her from fulfilling her obligations as the plaintiff and require her to prioritize her well-being and family. She intends to dismiss the case without prejudice, leaving the possibility open for future legal action when she feels better.
Subway Challenges Amin's Dismissal Request
Subway wasted no time in responding to Amin's dismissal request. In a filing submitted on May 4, the fast-food chain argued that Amin's excuse lacks credibility and referred to it as failing the "straight-face" test. Subway suggests that Amin's lawyers likely realized their anticipated windfall settlement would not materialize, prompting the attempt to withdraw the lawsuit. Subway further contends that the media attention generated by the case has caused substantial harm. The company also criticizes Amin's constantly changing theories aimed at discrediting Subway's claim of using "100% tuna" in its sandwiches, salads, and wraps.
Background on the Lawsuit
Amin initially filed the lawsuit against Subway in January 2021, alleging that the chain used ingredients other than tuna in its tuna products or, in some cases, no tuna at all. She claimed to have consumed Subway's tuna products over 100 times before taking legal action. Last year, U.S. District Judge Jon Tigar allowed Amin's case to continue but rejected her assertion that "reasonable consumers" would expect only tuna and nothing else in Subway's products, noting that ingredients like mayonnaise were commonly used.
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