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ALS Society v. Windsor/Belle River v. Tecumseh

ALS Society v. Windsor/Belle River v. Tecumseh

Updated January 2019

Lerners LLP is class counsel to those charitable and religious organizations who have not opted out in two companion class actions proceeding against the Town of Tecumseh with respect to alleged unconstitutional lottery licensing fees and lottery administration fees paid to the municipalities after October 24, 1993. The first set of consolidated appeals relate to the striking of amendments the plaintiffs made to their statements of claim regarding the remedy of disgorgement based on the already pleaded sui generis cause of action for restitution of unconstitutional taxation and whether such amendments are tenable. The second set of consolidated appeals relate to the lifting of certain consent protective orders and restrictions on the disclosure of the identities of opt-outs and class members. The issues on this appeal are whether information about the identities of the class members and opt-outs is compelled through the litigation process and is therefore protected by the deemed and/or implied undertaking rule and whether it is in the best interests of the class or opt-outs for this information to be publicly disseminated.