Is judicial gatekeeping the key to class action reform?“If you bought a Subway Six Inch or Footlong Sandwich between January 1, 2003 and October 2, 2015 your rights could be affected by a lawsuit.” This ominous message from is intended to alert sandwich-eaters everywhere that our long national nightmare is over, the Subway “Footlong” lawsuit has been settled. So, what do we get? Money? Free sandwiches for life? Nope. In exchange for dropping the lawsuit, Subway has promised to do a better job with quality control to ensure that its sandwiches measure up. The lawyers in the case, however, are walking away with $525,000.


The courts should step up their gatekeeping role and bring greater scrutiny to class action cases and settlements. Class actions are supposed to help the plaintiffs recover losses, not merely compensate enterprising attorneys.


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