Kraft Foods Health Insurance

State Farm tries to block reopening of $1 billion Avery case

SPRINGFIELD - Lawyers aiming to reopen a $1 billion class action against State Farm and disqualify Illinois Supreme Court Justice Lloyd Karmeier from hearing it haven't brought out any new evidence, according to State Farm.

"Plaintiffs' petition advances the same contentions plaintiffs advanced in their prior attempts to attribute to State Farm campaign contributions made by other organizations and entities," State Farm lawyers wrote on Sept. 19.

"Illinois through its Constitution has determined that its Supreme Court Justices should be chosen through elections, and campaign contributions are a necessary component of that system of judicial elections," they wrote.

"As before, plaintiffs' attempt to disqualify Judge Karmeier rests upon unfounded speculation and unscrupulous innuendo and brings discredit not on Justice Karmeier but on the attorneys who filed the petition," they wrote.

They wrote that the Court's opinion in Avery v. State Farm has been settled law for more than six years.

They pointed out that 13 opinions from state supreme courts, 69 from appellate courts and 160 from trial courts relied on the opinion.

"The finality of judgments is a fundamental principle of our legal system," they wrote.

"Plaintiffs' petition not only asks this Court to disturb State Farm's long vested interest in the final judgment in this case, but also to undermine the validity of these hundreds of other decisions."

Michael Avery and others sued State Farm in Williamson County in 1997, claiming it provided inferior parts for vehicle repairs.

Circuit Judge John Speroni certified a class action.

In 2001, after jurors found State Farm provided about five million persons with inferior parts, Speroni entered judgment for a little more than $1 billion.

State Farm appealed, and Fifth District appellate judges affirmed Speroni.