Nilima Amin, who is suing Subway over claims its tuna isn’t all tuna, wants the court to dismiss her case without prejudice, allowing her to re-ignite the legal fight in the future.
The California plaintiff has told the San Francisco federal court that her morning sickness is debilitating and she is unable to move forward with the legal fight, according to a Reuters report.
Subway not only wants the class action legal claim, brought in January 2021, dismissed, but wants Amin to pay at least $618,000 in legal bills and said the media coverage from her lawsuit has caused the brand severe harm.
Amin’s suit, Amin v Subway Restaurants Inc. et al, U.S. District Court, Northern District of California, No. 21-00498, claims the Subway tuna includes other proteins including pork, chicken, cattle and other fish species, and in some incidents, no tuna at all.
In November 2021 the plaintiffs, which included Karen Dhanowa at that time, filed a third version of the lawsuit against the sandwich giant.
Subway has nearly 37,000 restaurants in more than 100 countries.
