and that the finding"absolutely doesn't mean the sample that was tested contained zero tuna."
One of the plaintiffs withdrew from the lawsuit. In April, Nilima Amin, the remaining plaintiff, requested for the lawsuit to be dismissed without prejudice, saying that she had severe morning sickness and couldn't devote her time to the legal battle.
Subway also asked the court to sanction Amin's seven attorneys"to prevent and deter them from engaging in further improper litigation conduct and abusing the class action mechanism," arguing that the lawsuit was"frivolous" and had been changed too many times and that the lawyers should have filed to dismiss much sooner.
The sandwich chain asked for more than $600,000 in sanctions to cover both its legal fees and the costs it occurred addressing the negative publicity around its tuna. "It is far too late for the plaintiff's counsel to walk away from the damage they have caused with no ramifications," Subway's lawyers said, adding that the lawsuit had subjected Subway and its franchisees"to public ridicule, reputational harm and loss of business.
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