National Center for State Courts

 

Improving Justice through Leadership
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Illinois Mass Tort Survey

    

 

   

Mass Tort
Illinois
Survey Results



Tracking and/or reporting of mass tort cases

None known.

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Definition of "mass tort"

None known.

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Procedural rules

Supreme Court Rule 86 et seq. governs mandatory arbitration.


Supreme Court Rule 310.1 establishes the appellate court settlement program.


See also Civil Appeals Rules generally.


Circuit Court of Cook County Rule 20 governs the county's Major Case Court-annexed Civil Mediation program.

Rules of the Circuit Court of the Third Judicial Circuit (Bond & Madison Counties), Part Three: Law Division, R. 3.01, Circuit court rules regarding certain procedures in class action and other complex litigation. Includes pro hac vice, filings under seal, copies of pleadings, and motions settings.

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Statutes

§ 735 Illinois Compiled Statutes Annotated 5/2-801-806. Class Actions. 

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Case law

Zurich Ins. Co. v. Baxter Int'l, 275 Ill. App. 3d 30. Joinder of necessary parties; necessary parties and other class action issues are procedural matters and thus not subject to waiver. 

Gavin v. AT&T Corp., No. 05-4398, Sept. 6, 2006. Improper removal of class action filed in state court; alleged fraud was not related to sale of securities regulated under federal laws.

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Administrative orders

See Supreme Court Announcements, generally. Archives (from 2002) are also available (see end of Announcements page).

Third Judicial Circuit, Madison County:
Order Establishing Asbestos Deferred Registry (Jan. 23, 2004); Standing Case Management Order for All Asbestos Personal Injury Cases (Feb. 6, 2004); General Administrative Order (Dec. 14, 2005); Order Relating to Timeliness of Motions Involving Forum Non Conveniens (Jan. 26, 2006).

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Interlocutory appeal

Illinois Supreme Court Rule 308.  Interlocutory Appeals by Permission.


Civil Appeals Rule 304. Appeals from Final Judgments that Do Not Dispose of an Entire Proceeding.

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Infrastructure: special dockets

Commercial calendars hear cases involving a commercial relationship between parties.

See also case management.

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Infrastructure: task forces, commissions, or other policy-level bodies

None known.

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Case management

Arbitration: Cases may be assigned to court-annexed mandatory arbitration by filing the case as an arbitration case (designated "AR"), or by transfer through the court. If transferred by the court, a case may be transferred to the arbitration calendar from another calendar if it appears to the court that no claim in the action has a value in excess of the particular arbitration program's jurisdictional amount.

Note that in Cook County the AR process and designation is not used. Rather, all civil cases in which damages sought are between $5,000 and $50,000 are filed in the Municipal Department and designated as "M." 


Mediation
: Cook County has a Major Case Court-Annexed Civil Mediation program


Calendars
: Cases on the jury and non-jury trial assignment calls are governed by the Black Line Trial Call. Refer to the Black Line flow chart. Cases are categorized (cases in which discovery can be completed within 18 months of filing, and those in which discovery can be completed within 28 months of filing). This is the master calendar.

Commercial calendars hear cases involving a commercial relationship between parties.


Pre-hearing conference in appellate court
: In an appeal pending in the appellate court, the court or a judge thereof, sua sponte, or on request of a party, may order a pre-hearing conference to consider the simplification of issues and other matters that may speed disposition. Unless otherwise agree by parties, a judge who will not participate in the decision of the case presides at the conference. The judge may enter an order that controls the subsequent course of the proceeding. See Civil Appeals Rule 310. Prehearing conference in the appellate court.


Settlement
: Appellate court settlement program approved in 2004. Parties are given an opportunity to discuss the case, simplify issues, limit issues, negotiate settlement, and consider any matters that may aid in disposition of the appeal. The program is funded by appellate court filing and appearance fees, plus the Reviewing Court Alternative Dispute Resolution Fund. 

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Technology

None known.

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Last Modified: 8/28/2006 5:49:34 PM

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