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Constitutional Law
Due Process Violation
Excessive Fines

In re: Toll Roads Litigation

Published: Apr. 30, 2021 | Result Date: Apr. 12, 2021 | Filing Date: Feb. 16, 2016 |

Case number: 8:16-cv-00262-ODW-ADS Settlement –  $41,000,000

Judge

Otis D. Wright II

Court

CD CA


Attorneys

Plaintiff

Helen I. Zeldes
(Schonbrun, Seplow, Harris, Hoffman & Zeldes LLP)

Ben Travis
(Schonbrun, Seplow, Harris, Hoffman & Zeldes LLP)

Blake J. Lindemann
(Lindemann Law Firm APC)

Michael J. Flannery
(Cuneo, Gilbert & LaDuca LLP)


Defendant

M. Lois Bobak
(Woodruff, Spradlin & Smart)

Patrick M. Desmond
(Woodruff, Spradlin & Smart APC)

Jeanne L. Tollison
(Woodruff, Spradlin & Smart)

Laura A. Morgan
(Woodruff, Spradlin & Smart APC)

Benjamin Z. Rubin
(Nossaman LLP)

E. George Joseph
(Nossaman LLP)

David F. Brown
(Corbett Steelman & Specter)


Facts

This lawsuit concerned drivers' use of certain Orange County toll roads, the use of information collected regarding drivers of the toll roads, and the notice given to drivers regarding imposition of tolls and penalties.

Contentions

PLAINTIFFS' CONTENTIONS: Plaintiffs contended Defendants violated their rights in the U.S. Constitution and California Constitution by issuing a penalty that exceeded tens if not hundreds of times the amount of the underlying toll. Plaintiffs contended the all-electronic system fails to provide drivers with adequate notice of the penalty. Plaintiffs also contend their rights to privacy by Defendants accessing their personal information beyond enforcement and collection of the toll system.

DEFENDANTS' CONTENTIONS: Defendants denied the contentions.

Result

The Orange County Transportation Authority and Cofiroute settled for $41,000,000, which was composed of $40 million in forgiven penalties and $1 million in cash awards for certain plaintiffs.


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