Madison and St. Clair County courts, which have been labeled "Judicial Hellholes" for much of the past two decades, got a bit of redemption last week from the American Tort Reform Association (ATRA).
In its annual report, ATRA moved the Metro-East courts from Hellhole status to the category of "Dishonorable Mentions," asserting that issues "plaguing" these courts have "narrowed."
Madison and St. Clair counties this year share the DM category with the American Law Institute over a controversial restatement it adopted in May, the Montana Supreme Court over its refusal to apply a statutory cap on damages, and a Wisconsin appellate court where a panel of judges affirmed a judgment despite unreliable expert testimony.
The potential for permanently shedding Madison County's negative national reputation increased last month after a historic Republican sweep of three judicial races. The new conservative majority - 5 to 4 Republican to Democrat - has been in the making for years. That effort was led by civil justice reform advocates and the county GOP which railed against the Democratically-controlled court for creating an anti-business climate by welcoming plaintiffs from all over the country to sue businesses from all over the country.
But questions remain as to whether newly elected Chief Judge Stephen Stobbs, who has served as the court's asbestos judge since 2013, will guide the court in a new direction by discouraging plaintiff lawyers from bringing out of state claims to Madison County.
Stobbs declined to discuss the matter, indicating he does not do media interviews.
In the past 19 years, Madison County has appeared on the annual Hellhole list 14 times and its "watch list" four times. The court gained notoriety in 2004 as a haven for class actions and medical malpractice lawsuits, on top of a growing asbestos docket.
"Madison County judges allow claims to proceed in Madison County courts where the plaintiff and defendant are located out-of-state, the plaintiff's exposure occurred out of state, medical treatment was provided outside the state, no witnesses live in Illinois and no evidence relates to the state," ATRA stated in its 2004 report.
The following year, Congress reformed class action litigation - a top priority of President George W. Bush - who came to Collinsville in 2005 to sign the Class Action Fairness Act (CAFA).
Among the more dubious Madison County class actions to draw attention on the court included a slew of cases filed by a mother-daughter plaintiff team: Armettia and Ashley Peach.
Through the Lakin Law firm (dissolved post- CAFA), Ashley Peach proposed class actions against K-Mart, Wal-Mart and Fashion Bug, for refusing to give back pennies of change left on gift cards.
Armettia Peach proposed a class action against CIM Insurance in a case that would reach the United States Supreme Court. She bought a 1999 Jeep Cherokee from Enterprise Leasing with "extended protection" from CIM Insurance. She claimed the contract falsely represented that her payment would pass through to CIM when in fact part of it stayed with Enterprise.
She also had won a $100,000 default judgment in Madison County in a lawsuit against Granite City. She alleged its housing inspectors shouldn't have given an occupancy permit because the roof of her home - in which she paid the seller $20,000 in $20 bills as a down payment - leaked. The judgment entered by former Judge Andy Matoesian was later reversed.
Perhaps the most famous class action to come out of Madison County was a $10 billion bench verdict against tobacco giant Philip Morris entered by former Judge Nicholas Byron - who during his tenure certified many a class action. The consumer fraud case brought by prolific class action attorney Stephen Tillery was ultimately overturned after more than a decade of legal wrangling.
In large part, the Class Action Fairness Act ended the practice of class action "forum shopping" in Madison County, a court where trial lawyers could expect to get their cases before sympathetic judges. The Act moved major class actions to federal court jurisdiction where stricter standards apply.
Madison County, however, continues to be the nation's leading asbestos docket, as it has for nearly two decades, even as the number of new filings declines.