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KOL Wins Significant Constitutional Victory
In a significant ruling, a federal appeals court has reinstated a KOL class action challenging discriminatory tolls on bridges operated by the New York State Thruway Authority. Specifically, the case challenges the NYSTA’s granting of significant discounts on tolls they charge to certain local residents but to no one else. This economic discrimination by an arm of New York State was challenged under the United States Constitutions’ Commerce, Equal Protection and Privileges and Immunities Clauses. After the district court dismissed the case, the Second Circuit Court of Appeals reinstated the action which will now proceed in the district court.
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