Image via AP.

In October of 2016, Jared Fogle’s ex-wife Katie McLaughlin filed a civil suit against Subway for failing to report Fogle’s criminal activities after being notified of them. On Tuesday, Subway will attempt to throw the case out on a technicality.

The Indy Star reports that Boone Superior Judge Matthew C. Kincaid will hear Subway’s motion to dismiss McLaughlin’s lawsuit today, which alleges that Subway was aware of Fogle’s sexual abuse of children and in fact attempted to cover it up. The suit also claims that the company never had her permission to use the likeness of her or their two children for a campaign called “Jared’s Journey,” which showcased Fogle as a family man. The campaign was revealed in early 2015, about four months before the FBI raided the couple’s home.

Advertisement

In December, Subway filed a motion to dismiss, arguing that the suit was filed in Indiana and therefore does not have jurisdiction over McLaughlin’s complaints.

According to McLaughlin, she would never have married Fogle had she been made aware of his crimes. The suit alleges that Subway’s senior vice president of marketing received a complaint about Fogle approaching an underage girl as far back as 2004, and the company received further complaints from a franchise owner name Cindy Mills in 2008:

Mills reported that the CEO Moody told her: “Please don’t tell me anymore. Don’t worry, he has met someone. She is a teacher and he seems to love her very much, and we think she will keep him grounded.”