Lisa M. Lilly LLC has extensive experience defending class action lawsuits. For over a dozen years, Lisa M. Lilly has represented clients in class actions in state and federal courts at the trial and appellate levels, including in the Seventh Circuit Court of Appeals, the Illinois Appellate Court, Fifth District, and Madison and St. Clair Counties. She has defended class action lawsuits alleging claims involving the following:
- Illinois Consumer Fraud and Deceptive Business Practices Act (ICFA)
- Common law fraud
- Insurance coverage
- Claims adjusting practices
- Truth in Lending Act (TILA)
- Preferred Provider Organizations (PPOs)
- Medical bill review as to usual, customary and reasonable (UCR) fees
- Telephone Consumer Protection Act (TCPA)
- Unsolicited Facsimiles (also known as “Junk Faxes”)
Her clients have included Fortune 100 corporations, nationwide insurance carriers, mid-sized businesses and sole proprietors.
Trial and Appellate Stages of Class Action Lawsuits
Ms. Lilly has defended numerous companies in nationwide, multistate, and single-state class actions that involve anywhere from twenty to hundreds of thousands of potential class members and $40,000 to $2 billion in potential damages. Ms. Lilly’s successes in the class action arena include obtaining dismissal of class action allegations at the outset of the case; removals under the Class Action Fairness Act (the CAFA) and related appeals; exploring and effectively negotiating settlements; representing clients in alternative dispute resolution proceedings; defeating class certification; decertification of the class; and appeals of class certification in federal and state courts.
Issues litigated in the trial court and on appeal include:
- Whether common issues have already been decided, leaving no common claims appropriate for class treatment
- Whether common issues of law and fact predominate over individual issues given the issues the fact-finder will need to decide at trial
- Whether the named plaintiff’s claims are typical of the class
- Whether the class representative will fairly and adequately protect the interests of unnamed class members given the nature of the named plaintiff’s individual claims, personal background, and potential conflicts of interest
Diversity and Removals of Class Action Lawsuits to Federal Court
Congress enacted the Class Action Fairness Act in 2005 to expand federal diversity jurisdiction to include most multistate class actions. The CAFA was meant to address, among other things, Congress’ beliefs that (a) many nationwide class actions were being filed in state courts perceived as hostile to business and corporate defendants and (b) “multiple class action cases purporting to assert the same claims on behalf of the same people often proceed simultaneously in different state courts, causing judicial inefficiencies.” See S. Rep. No. 109-14, at 10-27 (2005). Removals in the class action context, and related appeals, involve specific federal appellate procedural law. That law addresses such factors as diversity, consent to removal, the types of damages included when determining the amount in controversy, and other aspects of the Class Action Fairness Act. Over the course of her career, Ms. Lilly has enjoyed significant success in removal advocacy. She has extensively analyzed the approaches of United States Circuit Courts regarding diversity jurisdiction, both traditional and under the CAFA. Her analytic skills, creativity, and vast experience in this area have allowed her to formulate novel and successful removal strategies.
Sophisticated Legal Services at Cost–Effective Rates
Lisa M. Lilly offers economical rates and a promise that each client will work directly with her. Her approach to class action litigation management is to offer the efficiency and personal attention of a small firm practice with the flexibility to expand where broader services would be useful. She does this through carefully-managed contracting arrangements and by partnering where needed with other class action and e-discovery firms with which she has longstanding collaborative relationships. In addition, Ms. Lilly is known as an excellent communicator who values professionalism and civility. This avoids unnecessary disputes that raise legal fees without advancing the client’s position, keeps the focus on the merits of the case, and allows clients to defend class actions in a cost-effective way.
Contact Lisa Today
To schedule an appointment, call 312-781-2100 or contact her office online.