Judge dismisses lawsuit filed by Jared Fogle's ex-wife

Combination of AP photos showing Kathleen Fogle, ex-wife of Subway frontman Jared Fogle, a Subway restaurant, and Fogle. (AP Photos/Michael Conroy, Jeff Roberson)

LEBANON, Ind. (WTHR) — A Boone County judge has dismissed the lawsuit filed by Jared Fogle's former wife against Subway. Kathleen McLaughlin claims the restaurant chain knew of their pitchman’s "depravities" and did little stop him, putting money before the safety of children.

The reason for the dismissal has nothing to do with the merits of McLaughlin's case, but because the court determined it does not have jurisdiction for the lawsuit to move forward here in Indiana.

McLaughlin could re-file the lawsuit in another state.

Fogle is currently serving 15 years in a federal prison in Colorado. He pleaded guilty to charges of possession or distribution of child pornography and traveling across state lines to have sex with a minor.

In the lawsuit, originally filed in October 2016, McLaughlin details accusations that the restaurant chain knew about Fogle's sexual interest in girls as early as 2004. She claims Subway did little to stop him, and did not warn her of the reports it had received.

Instead, she claims, Subway officials created a secret plan to use her to "ground" their star font-man. She claims Subway then used her likeness and the likenesses of the couple's two children without permission to launch a new ad campaign emphasizing Fogle as a "family man." That campaign, "Jared's Journey," launched in the months just before the FBI raided the Fogle home.

In the lawsuit, McLaughlin claims Subway was "driven by sales rather than the safety of kids."

Attorneys for Subway and the related franchise businesses named in the suit argued that the case should not be heard in Indiana because none of the companies are headquartered in the state. They also said the accusations did not come from conduct that happened or was directed in Indiana.

Boone County Superior Court Judge Matthew Kincaid agreed and ended the case in Indiana on Tuesday.

Eyewitness News was unable to reach McLaughlin's attorneys to see if they plan to refile the case elsewhere. Attorneys for Subway declined to comment on the decision.

McLaughlin married Fogle in 2010 and was married to him at the time the FBI raided his Zionsville home in 2015. In the lawsuit, she says she did not know of his sexual interest in children until that day. McLaughlin filed for divorce shortly after and dropped the last name of Fogle. Their divorce was final in November 2015.

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