Publications

Illinois Bar Journal
Articles on Class Actions

Time-limited settlement offer does not moot class representative’s claims October 2014 Illinois Law Update, Page 472 On August 12, 2014, the Second District Appellate Court held that a time-limited offer to tender settlement failed to moot a putative class representative's individual claims.
Anatomy of a Class Action Killer: Picking Off Named Plaintiffs after Barber By John A. Bruegger April 2012 Article, Page 208 The Barber court made clear that defendants can stop a class action by tendering full relief to the named plaintiffs - the so-called "pick off" maneuver. Here's a review and practice advice.
Legal aid groups would benefit from cy pres statute By Helen W. Gunnarsson September 2007 Lawpulse, Page 454 A bill would make it more likely that legal aid and other charitable organizations will end up with leftover class-action settlement proceeds.
A Higher bar for Class Action Litigation in Illinois By Justin Lee Heather July 2007 Article, Page 356 A look at the Illinois Supreme Court's recent Avery and Gridley decisions and their dampening impact on class lawsuits.
Mass tort personal injury cases generally not suitable for class action February 2007 Illinois Law Update, Page 72 On November 30, 2006, the Illinois Supreme Court reversed the decisions of the Illinois Appellate Court, Fifth District, and the Circuit Court of Perry County, both of which improperly certified a class of plaintiffs. 
The Geography of Class Litigation By James E. Pfander March 2006 Column, Page 148 The federal and state high courts have shown a sophisticated understanding of the territorial reach of regulatory power. 
A big win for Big Tobacco By Helen W. Gunnarsson February 2006 Lawpulse, Page 62 The Illinois Supreme Court barred plaintiffs' class action claim and overturned a $10-plus billion award against Philip Morris. But experts doubt the case will have much precedential power outside Illinois.
Gridley v State Farm: a supreme-court slap at forum shopping? By Helen W. Gunnarsson January 2006 Lawpulse, Page 10 Some defense lobbyists say "yes"; a leading plaintiffs' lawyer says it shows there's no forum-shopping problem in Illinois.
Avery Raises Doubts About the Class Action Fairness Act By James E. Pfander December 2005 Column, Page 648 The supreme court's recent class-action certification case calls the need for CAFA into question.
Correspondence from Our Readers November 2005 Column, Page 554 Poor lawyer image - incivility not the culprit? Mediator as peacemaker.
Victory for State Farm in class-action appeal By Helen W. Gunnarsson October 2005 Lawpulse, Page 498 The supreme court decertified a Madison-County-based nationwide class action case against  State Farm for installing after-market replacement parts in damaged vehicles.
Illinois Supreme Court 2004: Taking on the Tough Issues By Nancy J. Arnold and Tim Eaton April 2005 Article, Page 174 Last year the court confronted contentious issues that matter not just to lawyers but to the public at large.
Proposed Rule 225: Does Illinois Need a New Class-Action Rule? By Michael B. Hyman, Carol V. Gilden, Melinda J. Morales, Adam J. Levitt, Michael A. Pope, and Steven F. Pflaum April 2005 Article, Page 202 Proponents say Rule 225 would stop class-action abuse; Opponents say it isn't needed.  
The Substance and Procedure of Class Action Reform By James E. Pfander March 2005 Column, Page 144 Make no mistake – the Federal Class Action Fairness Act will bring sweeping changes.
Class Actions in Arbitration By Thomas J. Cunningham October 2004 Article, Page 532 Are provisions in arbitration agreements that expressly prohibit class arbitration enforceable in Illinois? A look at recent developments.
Changing the Nature of Illinois Class Actions By Kathleen R. Richards and Jeffrey L. Dunn May 2003 Article, Page 230 Amended Supreme Court Rule 306 allows discretionary appeals of interlocutory orders granting or denying class certification. Here's the defense lawyer's take on the change.
How Great Will the Impact Really Be? By Judy L. Cates May 2003 Article, Page 231 Amended Supreme Court Rule 306 allows discretionary appeals of interlocutory orders granting or denying class certification. Here's the plaintiff's lawyer's take on the change.
Clash over class actions By Helen W. Gunnarsson November 2002 Lawpulse, Page 578 Madison County is at the center of a dispute over class-action filings.