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TAMAROA DERAILMENT LAWSUIT UPDATE |
Bryant Law Center
4501 W.
DeYoung Suite B-103, Marion, Illinois 62959
1-800- LAW
CENTER (618) 993-1468
January 24, 2006
RE: Update on Tamaroa Train Derailment – We Won Another Round!
On
December 27, 2005 the Illinois Appellate Court for the Fifth District
finally ruled on Canadian National’s motion challenging Judge O’Malley’s
Order certifying this case as a class action. The Appellate Court ruled
against the railroad and upheld Judge O’Malley’s class certification Order.
In other words, the Appellate Court agreed that this case can proceed as a
class action lawsuit. While the class certification issue was pending in
the Appellate Court, neither our side nor the railroad could take any action
at the trial court level. Now that the Appellate Court has made its ruling,
we were hoping to finish up the pretrial matters and set a trial date.
Unfortunately, the railroad has now filed documents indicating that it wants
the Illinois Supreme Court to review the Appellate Court’s decision on the
class certification issue. The Illinois Supreme Court can either deny the
railroad’s request to review the case or grant the request and review the
Appellate Court decision. If the Illinois Supreme Court denies the request
for review, this case will proceed as a class action and the railroad will
not be able to challenge that issue again. If the Illinois Supreme Court
grants the railroad’s request to review the decision, the case will be on
hold until the Illinois Supreme Court makes its decision. There is no time
limit for the Illinois Supreme Court to decide whether or not to review the
class certification issue; however, as soon as that decision is made, we
will let you know the outcome. Needless to say, we are hoping that the
Illinois Supreme Court does not grant the railroad’s request to review the
class certification issue.
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