Judge to weigh suit filed by former Subway pitchman’s ex-wife

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An Indiana judge is set to hear arguments in a lawsuit filed by former Subway pitchman Jared Fogle's ex-wife alleging the company knew of Fogle's sexual interest in children but continued promoting him as its spokesman.

Kathleen "Katie" McLaughlin and Fogle divorced in 2015 after five years of marriage. She filed the suit in October 2016.

Fogle, a former Zionsville resident, was sentenced in November 2015 to more than 15 years in prison after pleading guilty to distributing and receiving child pornography and traveling out of state to engage in illicit sexual conduct with a minor.

In her suit, McLaughlin accuses Subway of invasion of privacy, misappropriation of the likenesses of her and her two children, intentional infliction of emotional distress, and negligence.

Subway has denied knowing Fogle had a problem prior to his arrest in 2015.

Attorneys on both sides were scheduled to be in court Tuesday for a hearing on Subway's request that McLaughlin's lawsuit be dismissed.

McLaughlin alleges Subway received at least three reports indicating Fogle was sexually interested in children but failed to take proper action and continued promoting him as its spokesman.

The 40-year-old Fogle became Subway's spokesman after losing 200 pounds and attributing the weight loss to Subway sandwiches.

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