No. 5-99-0830 IN THE APPELLATE COURT OF ... - Appellate.net

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CONCLUSION For all of the reasons outlined above, State Farm urges the Court to vacate the judgments and order decertification of the class. Alternatively, State Farm requests that the Court reverse and grant a new trial on the breach of contract claim and enter judgment in State Farm’s favor on the ICFA claim. And even if the Court were to uphold the liability determinations, State Farm seeks reversal or a drastic reduction of the punitive, equitable, and compensatory damages. Respectfully submitted, Dated: May 12, 2000 _______________________________ One of the attorneys for State Farm Mutual Automobile Insurance Company Michele Odorizzi Robert H. Shultz, Jr. Bradley J. Andreozzi HEYL, ROYSTER, VOELKER & Allan Erbsen ALLEN MAYER, BROWN & PLATT 103 West Vandalia 190 South LaSalle Street P.O. Box 467 Chicago, Illinois 60603 Edwardsville, Illinois 62025 (312) 782-0600 (618) 656-4646 William R. Quinlan Marci A. Eisenstein Gino L. DiVito Aphrodite Kokolis QUINLAN & CRISHAM, LTD. SCHIFF, HARDIN & WAITE 30 North LaSalle Street 6600 Sears Tower Chicago, Illinois 60602 Chicago, Illinois 60606 (312) 263-0900 (312) 258-5500 Wm. Kent Brandon BRANDON, SCHMIDT, GOFFINET & SOLVERSON 916 West Main Street Carbondale, Illinois 62902 (618) 549-0777 -148-
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No. 5-99-0830 IN THE APPELLATE COUR
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Charles Hester Enters. v. Illinois
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In re Fibreboard Corp., 893 F.2d 70
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State v. Piedmont Funding Corp., 38
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Hansberry v. Lee, 311 U.S. 32 (1940
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1. Plaintiffs’ Body Shop Witnesse
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People v. Clayton, 302 Ill.App.3d 2
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VPHI, Inc. v. National Educ. Traini
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Okada v. MGIC Indem. Corp., 823 F.2
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Zekman v. Direct Am. Marketers, Inc
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Malooley v. Alice, 251 Ill.App.3d 5
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NATURE OF THE CASE This is an appea
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STATUTES INVOLVED Relevant portions
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to its “pre-loss condition.” DX
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OEM parts. 5/ At least two states
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paid the difference in cost out of
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epair estimate specified only OEM p
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potential class members whose names
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member’s vehicle other than those
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William Anderton, who had previousl
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categorically inferior and, in fact
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specified on their repair estimates
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Second, plaintiffs sought “instal
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parts] are inferior.” R. 12539 (
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had an adequate remedy at law if St
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loss condition. Instead of requirin
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ARGUMENT I. Class Certification Vio
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members.” Slimack v. Country Life
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of evidence State Farm would be ent
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that are incongruous with the effic
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fenders to its pre-loss condition.
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a result of Allstate’s specificat
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insurance regulators and consumer a
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have been the overwhelming predomin
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some class members and the issue of
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not sooner, that plaintiffs could n
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explained above, class members who
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Even if the court had been right in
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value” of “parts at the time of
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page 7, supra. All of these statute
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(7th Cir. 1995) (decertifying class
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As the circuit court itself recogni
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the same shortcut, arguing — just
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epresentatives who appeared at tria
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— was injured by the alleged dece
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Litig., 182 F.R.D. at 225. Basic fa
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Meineke’s continued financial via
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this decision, plaintiffs were excu
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corresponding OEM part. R. 7169. In
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Mathur’s testimony was particular
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end of the day, Mathur conceded tha
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Zimny, 256 Ill.App.3d 386, 390-91 (
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the jury was focused on the wrong i
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to its pre-loss condition.” R. 12
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quality of non-OEM parts. See Baltu
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which is not surprising because the
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In this case, plaintiffs’ experts
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Bender could not swear that the non
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OEM part construction “had some d
Page 119 and 120: theory, even non-OEM parts that are
Page 121 and 122: of his training or expertise”). P
Page 123 and 124: eflected a policy of “discriminat
Page 125 and 126: “speak up for justice.” R. 1301
Page 127 and 128: 12984-85. The perversion of ostensi
Page 129 and 130: Polywheels company makes both the O
Page 131 and 132: parts — was simply a made-for-lit
Page 133 and 134: In contrast, each of the 47 other s
Page 135 and 136: occurred outside Illinois. 51/ In t
Page 137 and 138: laws of the State where the policy
Page 139 and 140: This Court should follow the weight
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Page 143 and 144: state’s law when it is not within
Page 145 and 146: headquartered in Michigan); Endo, 1
Page 147 and 148: for this Court to alter that author
Page 149 and 150: y using parts of like kind and qual
Page 151 and 152: plaintiffs’ failure to identify a
Page 153 and 154: percentage of the class (New York a
Page 155 and 156: committing fraud: if all non-OEM pa
Page 157 and 158: specification damages they had soug
Page 159 and 160: A. It Is Unconstitutional To Punish
Page 161 and 162: that will subject him to punishment
Page 163 and 164: fact benefitted from access to non-
Page 165 and 166: deterrence and therefore must be va
Page 167 and 168: 517 U.S. at 576. This case is not i
Page 169: either higher premiums or the incre
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