Monday, 31 October 2005 17:00

Avery vs. State Farm may head to U.S. Supreme Court

Neither side in the case of Avery vs. State Farm is willing to cry uncle. 

After the Illinois Supreme Court overturned the lower court decision in Avery vs. State Farm on the premise that the "class" should not have been certified, the plaintiffs filed for a new hearing, which was rejected by the court.

According to Michael B. Hyman, attorney for Chicago based law firm, Much Shelist Freed Denenberg Ament and Rubenstein, P.C., the plaintiffs have now decided to seek relief from the United States Supreme Court.

A major point of contention is the participation of Justice Lloyd Karmeier, who joined the court after the case had been argued, yet cast the deciding vote in favor of State Farm. The plaintiffs claim that the parties to the case contributed heavily to the election campaign of Karmeier and he should have recused himself.

When the plaintiffs filed a motion, prior to the decision, to prevent Karmeier from participating in the case, Karmeier himself denied the motion.

Following the Illinois Supreme Court decision, the plaintiffs requested a new hearing,, which was also rejected.

The only avenue left open to the plaintiffs is the high court.