* Tom DeVore’s mask TRO case wasn’t addressed today, but his class certification was denied. Here’s Center Square…
A Sangamon County circuit court judge on Friday denied class certification in challenges over vaccine or testing mandates for teachers and mask mandates and exclusion policies for students.
The mandates have been imposed by Gov. J.B. Pritzker since last fall. School districts across the state have been implementing the orders.
After days of oral arguments in separate challenges last month, Sangamon County Circuit Court Judge Raylene Grischow denied requests for class certification Friday.
Class certification is sought in a case where plaintiffs want their cause of action to be accessed by others in similar situations.
“Counsel has demonstrated to the Court that the class is so numerous that joinder is impracticable in that the proposed class would include 711 parents and legal guardians whose almost 900,000 children attend school within the 145 school districts,” Grischow wrote in the case parents brought against mask and exclusion mandates. “The Motion to Certify the Class is premature and is denied.”
Arguments in that case were heard over several days last month.
In the case of dozens of school staff suing 22 school districts, the governor and state education officials challenging vaccine or testing mandates in public schools, the judge denied certifying the class.
“The Court is aware of educators on both sides of this issue,” Grischow wrote in a separate order. “It appears the named Plaintiffs can maintain a cause of action but there is the possibility of relief that could be potentially antagonistic to non-represented class members. It is not appropriate for this Court to speculate that a class action is the most appropriate method and that joinder may prove to be more time consuming and expensive.”
The judge also ruled that “adequacy of representation” could be an issue because she was unaware of any prior experience of handling class action cases by Tom DeVore’s firm, and was uncertain whether DeVore could handle the financial responsibilities involved.
- JS Mill - Friday, Feb 4, 22 @ 2:01 pm:
Good decision on the judges part. These people represent minority view on the issue and class would have been inappropriate.
Without saying it, she said Devore is incompetent which is nice.
- Norseman - Friday, Feb 4, 22 @ 2:08 pm:
Noting the “adequacy of representation” is always a good quote to include in your campaign brochure for a judgeship.
- Dotnonymous - Friday, Feb 4, 22 @ 2:18 pm:
“adequacy of representation”…ouch…that’s gonna hurt Devore…in the wallet.
- Huh? - Friday, Feb 4, 22 @ 2:23 pm:
“The judge also ruled that “adequacy of representation” could be an issue …”
D’oh. That’ll leave a mark.
- Rudy’s teeth - Friday, Feb 4, 22 @ 2:24 pm:
The Doofus of Greenville has a nice ring to it. Speaking of financial responsibility, did DeVore ever pay up on his $1000 bet.
Props to the judge for flair…”adequacy of representation.”
- Southern - Friday, Feb 4, 22 @ 2:27 pm:
“Counsel has demonstrated to the Court that the class is so numerous that joinder is impracticable in that the proposed class would include 711 parents and legal guardians whose almost 900,000 children attend school within the 145 school districts,” Grischow wrote in the case parents brought against mask and exclusion mandates. “The Motion to Certify the Class is premature and is denied.”
FYI, the reporter confused things here by lumping together two quotations from two different paragraphs of the order. The first sentence actually is a finding that would support class certification (even though there appear to be factual errors in the numbers).
- Morty - Friday, Feb 4, 22 @ 3:00 pm:
I wonder if @ewoodhouse7 will fire off another tweet referencing the judge ‘sleeping with the fishes’?
- Demoralized - Friday, Feb 4, 22 @ 3:22 pm:
I’m glad the judge threw aside class action status. As a parent with two children in school this doofus certainly doesn’t represent my feelings.
- Give Me A Break - Friday, Feb 4, 22 @ 3:46 pm:
I keep waiting for the courts to toss all the masking mandates out. I mean I’ve been hearing football parents say this will be happening since at least September. Maybe the medical and legal giant Ken Leonard will take the case.
- Kyle’s mom - Friday, Feb 4, 22 @ 4:22 pm:
The non-lawyers are making “adequacy of representation” out to be more than it is. I doubt she meant it as a dig. That’s just a standard component to a class action claim. Still, I bet this ruling costs Devore six figures in fees. This will be WAY more work for him to do now.
- Proud Sucker - Friday, Feb 4, 22 @ 4:32 pm:
“I doubt she meant it as a dig”. But, a dig it is.
- Dotnonymous - Friday, Feb 4, 22 @ 4:45 pm:
“I doubt she meant it as a dig.”
Yes…she did…The judge was indicating her belief that DeVore was biting off more then he could chew…even with his big mouth.