The Illinois Appellate Court, First District, affirmed the dismissal of a putative consumer class action against Jenner & Block client BMO, confirming that there was no merit to claims of consumer fraud, deceptive practices, or related claims about how the bank handled dormant account fees.
The plaintiff had previously brought a separate false claims act lawsuit on behalf of the State of Illinois making similar allegations. After that claim was dismissed for lack of merit, a decision the appellate court had already upheld in an earlier appeal, the plaintiff filed a new class action raising largely the same claims on behalf of himself and other accountholders.
The Jenner team argued that this second lawsuit could not proceed because it was barred by res judicata, a legal doctrine that prevents parties from relitigating claims that have already been resolved and was meritless for additional reasons as well. The circuit court agreed and dismissed the case. The appellate court affirmed that outcome on appeal.
The team was led by Partners Andrew Vailand Gabriel Gillett, with support from AssociateSavannah McNeily, and Paralegal Cheryl Kras.