Judicial "Hellhole" No More?

In recent years, trial lawyers have been scouring the country, looking for plaintiff-friendly locales
where they can file class action lawsuits. Unfortunately, their hard work has paid off, according to a study by the American Tort Reform Association (ATRA).

ATRA recently identified eleven “Judicial Hellholes” – counties that attract massive class-action
lawsuits due to their plaintiff-friendly reputations – and Illinois’ Madison County made the list.
How did this happen?

Madison County has a permissive class-action certification reputation, and that draws plaintiff attorneys to the region. Trial judges are responsible for questioning individuals in the class to determine whether their claims are similar enough to wa rrant a class action filing.

Once that determination is made, the trial judge will certify the case as a class action. In recent years, however, individual differences have been overlooked during the certification process, making Madison County an enticing place to file.

Since certification cannot be appealed until after the class action case goes to trial, most
defendants choose to settle, afraid of getting hit with an enormous jury verdict award. In
the end, plaintiff attorneys receive huge fees, and members of the class usually get short-changed.

Now, however, the Illinois Supreme Court has taken an important step toward restoring equity in courthouses statewide. Thanks to an amendment to Supreme Court Rule 307(a) 8, effective January 1, 2003, defendants (and plaintiffs) will have the right to appeal class-action certification rulings before going to trial.

This important amendment should cut down on frivolous class-action lawsuits, forcing plaintiff attorneys to look elsewhere for a quick payout. It may take a while, but Madison County’s reputation as a plaintiff attorney’s paradise may begin to wane.

What’s the moral of the story? The Illinois Supreme Court can take steps to restore judicial sanity in the state’s court houses. By allowing appeals before trial, defendants will have an opportunity to challenge class actions, while feeling less pressure to prematurely settle cases.

ISMIE Mutual’s ally, the Illinois Civil Justice League, worked hard to convince the Supreme Court of the necessity of this amendment. The Court’s proactive stance is encouraging, especially for those who have been stymied by the Court’s rulings regarding medical liability reform legislation.