Kathleen McLaughlin had filed a suit accusing the chain of continuing to promote Fogle as its spokesperson despite knowing about his sexual interest in children. Fogle's time with the company ended after he was investigated for paying for sex with minors and receiving pornography. In August 2015, he pled guilty to possessing child pornography and traveling to pay for sex with minors and was sentenced to 15 years in federal prison.
McLaughlin had alleged that Subway received multiple reports alerting them to Fogle's actions, but did not take any action.
Kincaid wrote that the suit argued that the company used McLaughlin and Fogle's marriage "to 'ground' their valuable pitchman" and "created a campaign depicting a wholesome narrative of Mr. Fogle's life and emergence as a family man."
Boone County Judge Matthew Kincaid dismissed the lawsuit, citing a "lack of personal jurisdiction," stating that each of the Subway entities she had sued have principal business operations outside Indiana.
"The problem is that all of those things, if they happened, took place outside of Indiana," Kincaid wrote.
McLaughlin and Fogle have two children and divorced in 2015 after his guilty plea.
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