Capitol Fax.com - Your Illinois News Radar » Karmeier elected chief justice
SUBSCRIBE to Capitol Fax      Advertise Here      About     Exclusive Subscriber Content     Updated Posts    Contact Rich Miller
CapitolFax.com
To subscribe to Capitol Fax, click here.
Karmeier elected chief justice

Monday, Sep 19, 2016 - Posted by Rich Miller

* It was his turn, so it’s not unexpected. He’s widely expected to retire after he does his two years as chief. From a press release

The Illinois Supreme Court announced today that Justice Lloyd A. Karmeier will be its next Chief Justice. Justice Karmeier was unanimously elected to the office by his fellow justices and will serve a three-year term commencing October 26, 2016. He succeeds Rita B. Garman, whose tenure as Chief Justice ends October 25, 2016.

An installation ceremony honoring Justice Karmeier’s election as Chief Justice will be held at the Supreme Court Building in Springfield on Monday, October 31. Justice Garman will administer the oath of office.

Justice Karmeier will be this State’s 120th Chief Justice and the second person from Washington County to hold that office. Justice Byron O. House, for whom Justice Karmeier served as a law clerk, was the first.

“I appreciate the confidence shown by the other members of the court in electing me to this position,” said Justice Karmeier. “Since joining the court in 2004, I have had the privilege of serving under five different chief justices, all of whom have done an outstanding job. I will do my very best to live up to the high standard they have set.”

* Coincidentally, this press release also arrived today from Robert Clifford’s law firm…

An Illinois federal judge late Friday (Sept. 16, 2016) granted class certification to plaintiffs representing 4.7 million State Farm policyholders involved in a complex Racketeering Influenced and Corrupt Organizations Act (“RICO”) regarding an alleged scheme involving campaign contributions being poured into an Illinois Supreme Court justice’s race to influence the reversal of a $1.05 billion decision. If successful, that could result in a more than $7.6 billion payout from State Farm for the class given the interest that has accrued.

This case alleges violations of the “RICO” against State Farm and related defendants who allegedly “perpetrat[ed] a scheme through an enterprise specifically designed to defraud Plaintiffs and Class out of a $1.05 billion judgment,” according to the complaint. That “scheme” allegedly involved the defendants orchestrating a “dark money” network of campaign contributions to the campaign committee of Justice Lloyd A. Karmeier for the Illinois Supreme Court who would be sympathetic to State Farm’s position in the $1.05 billion class action, and then misleading and lying to the Court about its clandestine and sizeable involvement in contributions to Karmeier’s contested election.

“Dark money” is campaign contributions that are run through political action committees (PACs) so that the actual source of its distribution is muddied. Here, it is alleged that State Farm contributed millions to the U.S. Chamber of Commerce that then sent the money back to PACs and the Illinois Republican Party for use in Karmeier’s campaign.

Karmeier’s contested election for an open downstate seat on the Illinois Supreme Court for the November, 2004 election was one of the highest in history for a judicial election and his recruitment for the position involved someone “who would support State Farm once its appeal came before the [Illinois Supreme] Court for disposition,” according to pleadings. The underlying case involves a class action filed in 1997 that led to a $1.05 billion verdict that was upheld by the appellate court. But when it ultimately was decided by the Illinois Supreme Court more than two years following oral arguments before the Court that Karmeier never heard, by then Karmeier had been elected and had taken the bench and decided to participate in the Court’s decision, with Karmeier admitting he cast the deciding vote.

The defendants in the RICO certified class action are State Farm; Edward Murnane, President of the Illinois Civil Justice League (ICJL); and William G. Shepherd, employee/lobbyist of State Farm and ICJL Executive Committee Member. Karmeier’s election committee, now long disbanded, remains associated in the enterprise, according to the pleadings.

Friday’s decision certifying the class brings this case one step closer to a jury trial to determine the damages suffered by the class that consists of 4.7 million State Farm policyholders who made a claim for vehicle repairs pursuant to their policies from 1987-1998. These claims were litigated in the Avery v. State Farm case and involved damages to cars that were repaired with non-factory authorized and/or non-Original Equipment Manufacturer (OEM) parts when they were led to believe that they were factory authorized, as their policies provided.

The claimed misleading comments and lies by State Farm representatives to the Illinois Supreme Court and the damages they caused are now the subject of the RICO class action after plaintiffs hired a former FBI agent who uncovered the alleged “dark money” ties of State Farm to Karmeier’s campaign in his bid for election to Illinois’ highest court. Plaintiffs allege Karmeier’s participation in that case and his apparent lack of objectivity tainted the tribunal that resulted in the reversal by the Illinois Supreme Court.

Friday’s decision comes on the heels of an earlier decision by U.S. District Court Judge David R. Herndon who held in June that plaintiffs’ experts, including a judicial election expert as well as a forensic accounting expert who valued the case to now be worth $7.6 billion, could testify as expert witnesses during the expected trial of this matter.

“The Illinois Constitution clearly provides that four votes are required to reverse the decision of an appellate court. In the absence of four votes, the Illinois Constitution provides that the decision of the appellate court stands, which in this matter would have resulted in affirming the $1.05 billion verdict,” said Robert A. Clifford, founder and senior partner of Clifford Law Offices in Chicago and co-lead counsel of the class action matter. “The next step is that we will continue our preparations for trial of this matter on behalf of the millions of State Farm policy holders.”

In its 29-page written opinion issued Friday (Sept. 16, 2016), Judge Herndon said that in certifying the class, “the Court agrees with plaintiff that all questions of law and fact are common as to the putative class: did defendants act in concert over a period of time to select and elect Justice Karmeier and to fraudulently conceal the nature and the scope of their involvement to enable and defend his participation in Avery.”

The parties are expected to be before Judge Herndon Oct. 15 in St. Louis for a status on the case.

       

11 Comments
  1. - illini - Monday, Sep 19, 16 @ 11:08 am:

    I have known Judge Karmeier for close to 50 years and I remember the 2004 race very well as well as well and the two ensuing opinions at the court where he was the deciding vote favoring the defendants. I respect the Judge but some of his decisions have come as no surprise.

    That being said, I can recall a conversation a few years later with a very, very prominent metro-east plaintiffs attorney who lauded his integrity.


  2. - Annonin' - Monday, Sep 19, 16 @ 11:45 am:

    Will Justice Karmeier need to use vacation days for the trial? The best part of ‘04 campaign was how the Justice’s allies pressured the hospital board his opponent served on to whine about a generic mention. Very classsy.


  3. - Ghost - Monday, Sep 19, 16 @ 12:17 pm:

    they need to fix the class action laws. 90% of these cases are just lawyers squeezing multi-million dollar legal fees for themselves and soing cery little for the class.

    laywer makes a few million and the class gets a coupon for 10 dollars off. This is something rauner needs to push with his turnaround agenda. skip killing off unions and the middle class, go after the tort system and class actions.


  4. - Archiesmom - Monday, Sep 19, 16 @ 12:46 pm:

    Just wait until 2019 and it’s Anne Burke’s turn as CJ.


  5. - x ace - Monday, Sep 19, 16 @ 1:49 pm:

    The 2004 Election and subsequent developments in Avery v. State Farm stand as testament that a Good Guy and Good Judge can be compromised by a Greedy Corporation. Predict Plaintiffs Will Win.


  6. - illini - Monday, Sep 19, 16 @ 1:58 pm:

    @xace - As I said earlier on this thread, in spite of his fairly recognized integrity, a few of his earlier decisions were fairly predictable given his readily predictable inclinations.

    And I will include his recent strong dissent on the redistricting case.


  7. - scott aster - Monday, Sep 19, 16 @ 3:09 pm:

    thanks “ghost”


  8. - the old man - Monday, Sep 19, 16 @ 3:56 pm:

    Asbestos, tobacco and tort lawyers never die, they just reload their law firms with more sharks until the Illinois economy is devastated. Illinois economy will never be good until these leeches are gone


  9. - Liberty - Monday, Sep 19, 16 @ 4:37 pm:

    The trouble with the class action State Farm lawsuit was, despite the outcome, insurers stopped using used parts (who wants a lawsuit?) and drove the cost of repairs sky high. The lawyers won, no one else. Nothing wrong with used parts on used cars.


  10. - Dr X - Monday, Sep 19, 16 @ 4:39 pm:

    Congrats I guess. Remember Rauner thinks you are part of a corrupt system.


  11. - oldhp - Monday, Sep 19, 16 @ 7:49 pm:

    “Liberty” You are right, there is nothing wrong with used parts on a used car…but. If the part is damaged or has rust in it that needs repaired “before” it goes on a car…..that’s wrong. I know…I fought with State Farm.


Sorry, comments for this post are now closed.


* Isabel’s afternoon roundup
* Let's help these kids! (Updated)
* Once again, a Chicago revenue idea would require state approval
* Lion Electric struggling, but no state subsidies have yet been paid out
* Question of the day
* Madigan trial roundup: Solis faces first day of cross-examination
* Open thread
* Isabel’s morning briefing
* Live coverage
* Selected press releases (Live updates)
* Yesterday's stories

Support CapitolFax.com
Visit our advertisers...

...............

...............

...............

...............

...............

...............

...............


Loading


Main Menu
Home
Illinois
YouTube
Pundit rankings
Obama
Subscriber Content
Durbin
Burris
Blagojevich Trial
Advertising
Updated Posts
Polls

Archives
December 2024
November 2024
October 2024
September 2024
August 2024
July 2024
June 2024
May 2024
April 2024
March 2024
February 2024
January 2024
December 2023
November 2023
October 2023
September 2023
August 2023
July 2023
June 2023
May 2023
April 2023
March 2023
February 2023
January 2023
December 2022
November 2022
October 2022
September 2022
August 2022
July 2022
June 2022
May 2022
April 2022
March 2022
February 2022
January 2022
December 2021
November 2021
October 2021
September 2021
August 2021
July 2021
June 2021
May 2021
April 2021
March 2021
February 2021
January 2021
December 2020
November 2020
October 2020
September 2020
August 2020
July 2020
June 2020
May 2020
April 2020
March 2020
February 2020
January 2020
December 2019
November 2019
October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006
April 2006
March 2006
February 2006
January 2006
December 2005
April 2005
March 2005
February 2005
January 2005
December 2004
November 2004
October 2004

Blog*Spot Archives
November 2005
October 2005
September 2005
August 2005
July 2005
June 2005
May 2005

Syndication

RSS Feed 2.0
Comments RSS 2.0




Hosted by MCS SUBSCRIBE to Capitol Fax Advertise Here Mobile Version Contact Rich Miller