Independence Bridge (Bay City) Toll Class Action Lawsuit

Please fully read this material. You need not take action at this time but you may wish to contact the law firm.

On March 4, 2025, the law firms of Garske Hewitt PLC and Outside Legal Counsel PLC filed a class action lawsuit on behalf of drivers who were and are forced to pay a bridge-toll on or after January 1, 2025 to drive across the Independence Bridge in Bay City, Michigan.

While the City of Bay City owns the Independence Bridge, since 2022, UBP Bay City, LLC-operating as Bay City Bridge Partners and sometimes as United Bridge Partners-has maintained and leased it under a private toll-payment system.

This lawsuit alleges that Bay City Bridge Partners, the private operator of Independence Bridge, prematurely began collecting tolls on January 1, 2025, despite prior public statements and contractual commitments that tolling would not start until all bridge repairs were complete. By imposing toll fees before it was contractually or legally justified, the company financially burdened bridge users and unjustly profited at the expense of those who rely on the bridge for travel, work, and business.

The class action lawsuit seeks reimbursement of all tolls collected in violation of the "Concession and Lease Agreement" that UBP Bay City, LLC executed with the City of Bay City nearly five years ago. The Court has not yet ruled on the merits of the case, and the lawsuit remains pending.

About Class Actions

What is this class action all about?

A class action lawsuit consolidates similar or identical claims of many people into a single lawsuit against one or several defendants. Class actions are cost effective ways of resolving many legal disputes that have a lot in common.

In a typical class action, a plaintiff sues a defendant or a number of defendants on behalf of a group, or class, of absent parties. This differs from a traditional lawsuit, where one party sues another party for redress of a wrong, and all of the parties are present in court. Instead of each person bringing his or her own individual lawsuit by an individual lawyer, the class action allows all the claims of all class members — whether they know they have been damaged or not — to be resolved in a single proceeding through the efforts of the representative plaintiff(s) and appointed class counsel.

A class action attorney helps initiate and handle a class action, and advocates for the Class and argues against the sued defendants and their officials and attorneys in court. Class action attorneys are generally paid a percentage of the money that is recovered on behalf of the Class. All attorney fees must be reviewed and approved by the court.

Key Court Documents

Download and view key case documents

Class Action Complaint

Notice of Removal (to Federal Court)

Last Updated: 04/03/2025

Case Materials

Download and view key materials from the case

Acquisition and Development Agreement

Operations and Maintenance Agreement

Amendment to Operations and Maintenance Agreement

Termination of Acquisition and Development Agreement

Independence Bridge 'Concession and Lease Agreement'

BCBP 2010 Flyer

FAQs

What is a Class Action?

A class action suit occurs when, with court approval, many different people's similar complaints are combined in a single action represented by a lead plaintiff or class representative who suffered a similar wrong. This saves court time and allows a single judge to hear all legal claims at the same time, and come to one judgment or settlement for all members of the class. Many times, members of the class can get a favorable outcome without having to participate in the day-to-day litigation obligations.

Who is the Lead Plaintiff / Class Representative?

Currently, William Howard, Jason Duemler, Nicole Duemler, Ann Duemler, Michael Lutz, Sherri Howell, Rochelle Jammer, and Mark Kohlhorst are the listed as plaintiffs, but others may be added. By a request made in the case, the court reviews and appoints one or more Class Representative(s) to prosecute the lawsuit on behalf of the members of the certified class. An individual plaintiff, a group of individuals or other entity can serve as a Class Representative. The court has not yet named any class representative.

Who is Class Counsel?

The court has not yet formally appointed class counsel.

What do I need to do to be part of the class?

No action is yet required on your part at this time. You can contact legal counsel with questions.

Who is eligible to participate in the final outcome?

In this case, a class is being pursued to vindicated the alleged harms suffered by users of the Independence Bridge in Bay City, Michigan. The court has not yet defined scope of or certified any class.

What are the Costs and Expenses for me?

Costs and Expenses of the lawsuit are usually advanced by the law firms prosecuting on behalf of the Class. The class counsel works on a contingent fee basis. That means Class Counsel will ask the court to award reimbursement of the out-of-pocket expenses and attorney fees -- usually a percentage of the total recovery -- but only upon being successful.