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

ARGUMENT
I. Class Certification Violated The Illinois Class Action Statute And Deprived
State Farm Of Its State And Federal Due Process Right To A Fair Trial.
The Illinois class action statute establishes four requirements that a plaintiff must
meet before a class may be certified. Plaintiffs bear the burden of proving that:
(1) The class is so numerous that joinder of all members is impracticable;
(2) There are questions of fact or law common to the class, which
common questions predominate over any questions affecting only
individual members;
(3) The representative parties will fairly and adequately protect the
interest of the class; and
(4) The class action is an appropriate method for the fair and efficient
adjudication of the controversy.
735 ILCS 5/2-801. See McCabe v. Burgess, 75 Ill.2d 457, 464 (1979); Wood River Area
Dev. Corp. v. Germania Fed. Sav. & Loan, 198 Ill.App.3d 445, 449 (5th Dist. 1990).
A circuit court has a continuing duty to assess the propriety of an order certifying a
class as the case develops. If it becomes apparent at any point in the proceedings that the
class no longer meets all of the statutory requirements, the class must be decertified. See,
e.g., Barnes v. American Tobacco Co., 161 F.3d 127, 140 (3d Cir. 1998); Hervey v. City of
Little Rock, 787 F.2d 1223, 1227 (8th Cir. 1986). 15/ See also Getto v. City of Chicago, 86
Ill.2d 39, 47 (1981) (class certification order “is always subject to amendment or
modification before a final judgment is entered”).
15/
Because Illinois’ class action statute is “patterned” after Rule 23 of the Federal Rules
of Civil Procedure, Getto v. City of Chicago, 86 Ill.2d 39, 47 (1981), Illinois courts routinely
cite federal cases interpreting Rule 23 in deciding issues under the Illinois statute. See, e.g.,
Schlessinger v. Olsen, 86 Ill.2d 314, 320 (1981); Wood River, 198 Ill.App.3d at 450.
-31-