AFS Secures Complete Dismissal in Chicago Skyway Putative Class Action
ArentFox Schiff successfully represented Skyway Concession Company, LLC, operator of the eponymous toll road, in defeating a putative class action that accused the Skyway of charging excessive tolls over a five-year period.
The class action lawsuit accused the Skyway of overcharging users from 10 cents to $1.20 per toll based on vehicle type, resulting in ill-gotten profits of nearly $3 million. Plaintiffs originally alleged breach of contract claims, as well as claims for violation of the Illinois Consumer Fraud and Deceptive Business Practices ACT (ICFA).
US District Judge Mary M. Rowland, who previously dismissed with prejudice the plaintiffs’ breach of contract claims and allowed plaintiffs to amend their pleading, now dismissed with prejudice plaintiffs’ remaining claims under the ICFA and for unjust enrichment and concluded that any further amendment would be futile.
The AFS team included William Ziegelmueller, Mir Ali, Meera Gorjala, Dede Kokolis, and Bruce Weisenthal.
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