Publications

Articles on Class Actions

Avoiding Pickoff Moves in Illinois Class Actions

By Paul Geske
September
2017
Article
Page 32
In Illinois, defendants can moot a class action case by making an individual settlement offer to a named plaintiff. Fortunately for class members, plaintiffs have ways to preempt this move. Here's the state of the law.

Class action: Zillow ‘Zestimate’ an unlicensed appraisal?

By Matthew Hector
July
2017
LawPulse
Page 12
Plaintiffs argue that Zillow is violating the Illinois Real Estate Appraiser Licensing Act with its Zestimate. Zillow responds that such automated valuation models are exempt under the law.

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 Justice 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.

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