by Long Island Attorney Paul A. Lauto, Esq.

The subway restaurant chain is well known for their "Foot Long" sandwiches and in particular the well advertised "$5 Foot Long".  But what if the "Foot Long" being sold was actually only 11 inches long?

That very issue is now the subject matter of a class action lawsuit against Subway, as it is claimed that Subway locations in various states, including New York, are short changing their customers by 1 inch.  The claim is in part based on false advertising and misrepresentation and seeks compensatory damages and a change in practices.

Although putting a figure on the compensatory damages may prove difficult, it is estimated that each person could be out of pocket between $50.00 and $100.00 per year depending on frequency of patronage.  Claimants' attorney maintains that, "This is no different than if you bought a dozen eggs and they gave you eleven ...".   A spokesperson for Subway stated, "We always strive for our customers to have the most positive experience possible".

Although on the surface this lawsuit seems superficial and like an indictment of our legal system, it represents something much more.  That is, the protection of a consumer's right to know and receive what they are paying for.  Regardless of whether or not Subway is found liable in this case, consumers must be protected against false and misleading representations in the marketplace.  If companies are going to hold out their products to be for example, "All Natural", "Certified Organic", "Contains 240 tissues" or  "Foot Long" in order to induce the consumer to purchase the product, then we must safeguard the consumer by making sure that these representations are true and accurate.  This lawsuit, in its own way, seeks to accomplish that

by Long Island Attorney Paul A. Lauto, Esq.

In 2010 New York passed a law prohibiting the use Bisphenol A (BPA) in certain products such as plastic baby bottles and cups.  Previously, chemical BPA had been used since the 1950's and was in everyday common items such as food and beverage containers, compact discs and sales receipts.  

Widespread research evidenced that BPA mimics estrogen in the body and is linked to a variety of health problems such as cancer, neurological defects and reproductive defects.  As a result of growing consumer concern and objection, many manufacturers stopped using the chemical BPA.    However, BPA was quickly replaced with Bisphenol S (BPS), which gave plastics the same type of resilient shatter proof quality that BPA provided. 

Current research, such as studies from Tuffs University and the University of Texas, indicate that BPS is virtually equal to BPA in toxicity.  The Texas study indicated that BPS, like BPA, also mimics the estrogen hormone interfering with the body's response to natural estrogen hormones.  Although certainly more research is needed regarding the safety of BPS, it raises serious questions as to the process and speed in which chemicals are introduced into the marketplace.   Perhaps in order to prevent circumvention of consumer protection laws, we need a law prohibiting marketplace acceptance of a "six of one, half dozen of the other" mentality.

Long Island Lawyer
Paul A. Lauto

by Long Island Attorney Paul A. Lauto, Esq.

Patrick Campbell, a 65 year old black male, sued Cellco Partnerships d/b/a Verizon Wireless for an alleged wrongful termination.  Campbell worked as a district manager and had been employed by defendant for 9 years, when he was transferred to an underperforming district.  The district continued to underperform under Campbell's management.  Plaintiff alleged that this was due to a discriminatory removal of the district's highest performing stores. 

Subsequently, Campbell filed two in house complaints of discrimination.  Defendant's investigation concluded that Campbell's complaints lacked a good faith basis for discrimination.  Thereafter, Campbell was transferred to another district and eventually fired.

Plaintiff sued defendant for 1.9 million for past and future lost earnings and emotional distress.  Defendant claimed that plaintiff's transfers and termination were for cause, based on poor performance and numerous complaints filed against Campbell.

The jury found that plaintiff's termination was wrongful and retaliatory in nature.  Plaintiff was awarded a total of $1,054,000.00 by the jury which was reduced by the judge to $979,000.00.

Long Island Lawyer
Paul A. Lauto, Esq.

by Long Island Attorney Paul A. Lauto, Esq.

In 2011 class action lawsuits were filed against Pepsico and Kellogs, as parent companies for Naked Juice and Kashi, for allegedly mislabeling certain products as "All Natural".  In essence, the suits allege that the defendants lied to consumers by deliberately mislabeling Naked Juice and Kashi products as being completely natural  and GMO free, when they instead are plentiful with synthetic chemicals.

Defendants motions to dismiss the cases have now been denied by the U.S. District Court.  Accordingly, the litigation of these cases will now proceed to the discovery stage where all information and documentation relevant to the claims will be revealed and obtained.  This case is similar in nature to Stewart v. Beam Global Spirits and Wine, Inc., as detailed in our July 20, 2012 blog (See www.liattorney.com/scales-of-justice.html).  In that case, defendant was sued for labeling Skinny Girl Margarita drinks as "All Natural" when they allegedly contained chemical preservatives.  The court in that case also refused to dismiss plaintiff's claim and allowed the case to proceed.

These consumer rights cases represent the reasonable expectation that labels will accurately represent the contents of products.  A simple concept in and of itself, unfortunately has been made complicated in today's age of greed and misrepresentation.  Perhaps consumers now have a need to not only read labels, but to question and verify them as well.   

Long Island Lawyer
Paul A. Lauto, Esq.

by Long Island Attorney Paul A. Lauto, Esq.

The votes have been counted and the result is a resounding "No", as to all candidates on this year's ballot.  This is only the second time in the last 40 years that every candidate has been denied entry to the Baseball Hall of Fame.  

Although none of the candidates received the requisite 75% of the vote in order to gain entry to the Baseball Hall of Fame, perhaps the real message is in how far short of the mark many players fell.  Mike Piazza received only 57.8%, Curt Schilling received 38.8%, Roger Clemens received 37.6%, Barry Bonds received 36.2% and Sammy Sosa received an underwhelming 12.5%, just to name a few.

As detailed in our December 20, 2012 blog on this subject matter, it appears that suspected use of illegal steroids was enough to deny admission.  That is not to say that the likes of Bonds and Clemens will never be admitted to the Baseball Hall of Fame, as they will be eligible again next year.  However, the percentage of votes received, sends a clear message to all would be steroid users.  Only time will tell, just how long this message will resonate.

Long Island Lawyer
Paul A. Lauto, Esq.

by Long Island Attorney Paul A. Lauto, Esq.

A 41 year old sanitation worker was loading his garbage truck, when he was struck by a delivery truck in Queens, NY.  The right side of the delivery truck pinned the sanitation worker against the garbage truck, tearing open the man's upper torso.  After 45 minutes of alleged excruciating pain and suffering, the sanitation worker was pronounced dead at Mount Sinai Hospital.  The sanitation worker was survived by his wife, 3 year old child and 1 year old child. 

The man's estate sued for loss of earnings, loss of services, pain and suffering, and the childrens' loss of parental guidance.  Defendants argued that the deceased should have seen the delivery truck and taken action to avoid it.  Defendants further contested the extent of the economic loss claimed and maintained that death was nearly instantaneous resulting in little or no pain and suffering.  After mediation, the parties reached a pre-trial settlement in the total amount of $9 million dollars.

Long Island Lawyer
Paul A. Lauto, Esq.

by Long Island Attorney Paul A. Lauto, Esq.

A man who donated his sperm to a lesbian couple in response to a Craigslist ad, is now being sued by the state of Kansas to provide child support for the resultant 3 year old girl.    The donation was made pursuant to a written agreement, in which the donor was to have no parental rights or liability for child support.
Notwithstanding, Kansas law provides that sperm must be donated through a licensed physician in order for the donor to be absolved from any financial responsibility.

The case has gained national attention for its potentially widespread ramifications affecting every state.  Shannon Minter, legal director for the National Center for Lesbian Rights, surmised that, "It certainly might have a negative effect on other men's willingness to help couples who need a donor, which would be harmful to everyone."

Although the Craigslist ad offered $50 for the donation, the donor in this case did it for free.  The donor stated that he was simply tring to help a couple that wanted a child.  The court must now decide whether or not the legally binding written contract between the parties, will prevail over a state law that appears to be selectively enforced.

Long Island Lawyer
Paul A. Lauto, Esq.