Journal Sentinel reports on Ted Frank’s objection to the Subway sandwich class action settlement.
Theodore Frank, founder of the Center for Class Action Fairness, calls the expert’s valuation of the injunctive relief little more than junk science, and successfully challenged Subway’s attempt to get the report filed under seal. What’s more, Frank says the class and Subway filed the expert’s valuation after the deadline for class members to object to the proposed settlement.
Subway claimed that its sales and pricing data, used by the plaintiff’s expert to value the injunctive relief, is private information. But Frank argued does not qualify as “trade secrets” or other information exempt from the normal public disclosure.
Ultimately, Frank got the class and Subway to file in the court record a redacted version of the expert’s report, so at least the methodology could be examined, and ultimately attacked.
In addition to Frank, three other people from sent letters to Adelman objecting to the proposed settlement.
Read the full article at Journal Sentinel.