Editor's note: In 2005, the number of class action lawsuits dropped almost in half from the previous year, marking a turning point of sorts in Madison County.
In 2004, there were 82; in 2005, there were 45.
The Class Action Fairness Act was signed into law in February 2005, and since then only nine cases have been brought to the venue.
In this edition, the Record examines the status of the first 22 filed this year, and will report on the remaing class action suits of 2005 next week.
1. Treadway v. Equicredit, Jan. 10, 2005; 05L0027
2. Miller v. Hypoguard, Jan. 31, 2005; 05L104
3-16 are cases filed by Madison County chiropractors:
3. Coy v. Country Mutual Insurance, Feb. 10, 2005; 05L148
4. Coy et.al v. Zurich Services Corp, Feb. 11, 2005; 05L149
5. Coy v. AIG Claims Services Inc, Feb. 11, 2005; 05L150
6. Coy v. Travelers Casualty & Surety Co, Feb. 11, 2005; 05L151
7. Bemis v. Safeco Insurance Co. of America, Feb. 11, 2005; 05L152
8. Coy et.al. v. Focus Healthcare Management Inc, Feb. 11, 2005; 05L153
9. Coy v. Hartford Accident & Indemnity Company, Feb. 11, 2005; 05L154
10. Point East Physical Rehab v. Argonaut Great Central Insurance Co., Feb. 14, 2005; 05L161
11. Bemis v. Federated Mutual Insurance Co., Feb. 14, 2005; 05L162
12. Coy v. Crawford & Co., Feb. 14, 2005; 05L163
13. Bemis et.al. v. Employers Mutual Casualty Company, Feb. 14, 2005; 05L164
14. Bemis v. Pekin Insurance Co., Feb. 14, 2005; 05L165
15. Point East Physical Rehab vs. General Casualty Insurance Companies, Feb. 14, 2005; 05L167
16. Metro East Physical Rehabilitation SC vs. Onebeacon Insurance Co., Feb. 15, 2005; 05L173
According to the complaints, the insurance companies' "acts and omissions" constitute fraud, civil conspiracy, unjust enrichment, and are in violation of the Illinois Consumer Fraud Act.
All of the cases are still pending in various courtrooms with the exception of the case against AIG. Like the other cases, it was removed to federal court. Unlike the other cases, this one still remains there.
Freed & Weiss, a Chicago law firm, is assisting Lakin in the cases.
17. Beals v. Variable Annuity Life Insurance Co, Feb. 15, 2005; 05L175
Stephen Tillery of Swansea, George Zelcs of Chicago and Andrew Friedman and Francis Balint Jr. of Phoenix are plaintiffs' attorneys.
The case was removed to federal court on March 17 by Variable and has yet to find its way back to Madison County.
18. Turner v. ITI Internet Services Inc. d/b/a ITI Bank, The Bancorp ad Moonlight Marketing, Feb. 15, 2005; 05L176
In October, ITI asked Circuit Judge Daniel Stack to dismiss the case for lack of personal jurisdiction.
Mark Bauman of Belleville, who represents ITI Internet claims that none of ITI Internet's transactions involved Illinois.
He said Moonlight Marketing was in Canada, Bancorp was in Pennsylvania, and ITI Internet was in Washington state.
Thomas Maag of the Lakin Law Firm, representing Turner, then asked Stack to conduct additional discovery on jurisdiction, which Stack granted. A case management conference is slated for Dec. 21.
19. Coy v. Chesapeake Life Insurance Company, Feb. 15, 2005; 05L177
20. Bemis v. Cincinnati Insurance Co, Feb. 15, 2005; 05L178
21. Bemis v. Auto Owners Casualty & Surety Co., Feb. 15, 2005; 05L179
Moran, however, gave Bradley Lakin 30 days to amend his pleadings. A case management conference is scheduled in early 2006.
The case against Auto Owners is a case that has stalled due to the retirement of Circuit Judge Philip Kardis. Circuit Judge Don Weber is now assigned the case but no hearings are scheduled.
22. Kern et.al. v. General Electric Capital Assurance Co, Feb. 16, 2005, 05L185
The plaintiffs and class seek damages not to exceed $75,000 each, plus all costs, and further compensation as the Court sees fit.
A case management conference is set for Feb. 9, 2006. Gary Peel represents the plaintiffs while Robert Schultz represents GECAC.