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Case Law Update: Substitution of Judge in Class Actions

Bernis v. State Farm Fire and Causalt Company, No. 1-08-0284 (February 27, 2009) is a sixth division case that affirmed that after the Supreme Court ordered plaintiff’s class action suit transferred from Madison County to Cook County and consolidated with cases already pending in Cook County, pursuant to the provisions of SCR 384, trial court did not err when it granted plaintiff’s motion for substitution of judge as a matter of right; pursuant to the provisions of Section 2-1001 of the Code of Civil Procedure. Further, application of Code does not violate Separation of Powers. This case will have a great impact on class action lawsuits.