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216 Ill. 2d 100 *; 835 N.E.2d 801 **; 2005 Ill. LEXIS 959 ***; 296 Ill. Dec. 448 ****
MICHAEL AVERY et al., Appellees, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant.
Subsequent History: Rehearing denied by Avery v. State Farm Mut. Auto. Ins. Co., 2005 Ill. LEXIS 970 (Ill., Sept. 26, 2005)
US Supreme Court certiorari denied by Avery v. State Farm Mut. Auto. Ins. Co., 547 U.S. 1003, 126 S. Ct. 1470, 164 L. Ed. 2d 248, 2006 U.S. LEXIS 2047 (2006)
Related proceeding at Hale v. State Farm Mut. Auto. Ins. Co., 2013 U.S. Dist. LEXIS 44270 (S.D. Ill., Mar. 28, 2013)
Prior History: Appeal from the Appellate Court for the Fifth District.
Avery v. State Farm Mut. Auto. Ins. Co., 321 Ill. App. 3d 269, 746 N.E.2d 1242, 2001 Ill. App. LEXIS 249, 254 Ill. Dec. 194 (Ill. App. Ct. 5th Dist., 2001)
Disposition: The portion of the circuit court's judgment which denied the policyholders' request for equitable relief was affirmed. All other portions of the circuit court's judgment were reversed. Those portions of the appellate court judgment which affirmed the denial of equitable relief and which reversed the circuit court's award of disgorgement damages were affirmed. All other portions of the appellate court's judgment were reversed.
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Civil Procedure, Class Actions, Prerequisites for Class Action, General Overview, Appeals, Standards of Review, Abuse of Discretion, Special Proceedings, Judicial Discretion, Contracts Law, Contract Interpretation, Breach, Breach of Contract Actions, Remedies, Damages, Constitutional Law, Substantive Due Process, Scope, Fundamental Rights, Procedural Due Process, Scope of Protection, Evidence, Testimony, Expert Witnesses, Torts, Business Torts, Fraud & Misrepresentation, Antitrust & Trade Law, Consumer Protection, Deceptive & Unfair Trade Practices, Case or Controversy, Constitutional Questions, Causation, Proximate Cause, Governments, Legislation, Interpretation, Courts, Judicial Precedent, Burdens of Proof, Insurance Law, Coverage, Property, Motor Vehicle Insurance, Obligations