The Cook Group Legal Litigation Attorneys

Madison County Revised Standing Case Management Order – 2024 Revision

On September 5, 2024, the Circuit Court of the Third Judicial Circuit of Madison County, Illinois, overseen by Judge Andrew Carruthers, filed a Revised Standing Case Management Order (“Standing Order”) for all Madison County asbestos cases.  The Standing Order was last revised by Judge Stephen A. Stobbs on August 19, 2016.  This is Judge Carruthers’ first significant attempt to alter the Madison County asbestos docket since he became the presiding asbestos judge in late-2023.  Judge Stobbs, acting in his capacity as Chief Circuit Judge, assisted and advised on the changes.

Judge Carruthers indicated he and Judge Stobbs felt the revisions were necessary to increase court efficiency and bring the Standing Order up to date with changes in Illinois law.  While these revisions will likely change some processes and filing trends in Madison County, they are not a substantial departure from the way Madison County has operated the last two decades.

The most significant changes focus on trial settings, expedited trials, and pretrial procedures.  The Court eliminated the restriction of assigning no more than two plaintiff's firms to any trial docket.  It also removed the cap of 780 cases for trial per year, opting to use its discretion to set the annual limit.  Similarly, the Court removed the rule limiting priority cases to 19 per jury trial week and will decide the number of priority cases at its discretion. 

Judge Carruthers recently explained that he and Judge Stobbs felt 780 cases for a trial year needlessly limited the Court’s flexibility to assign trial dates for more urgent cases.  He seemed particularly disinclined to operate with a capped number because the reality is that almost none of the cases will go to trial.  The elimination of the cap on priority cases per jury trial week is perhaps the more impactful revision.  Judge Carruthers explained that the cap on priority cases felt unnecessary when considering the reality of how few cases are truly priority.  He provided examples of how this might work in practice, saying that a plaintiffs’ firm might designate a few cases that it is focused on at a settlement conference, to give the Court and defense counsel an idea of where things are heading on the docket. 

Judge Carruthers correctly pointed out that plaintiffs’ firms often have more than 19 priority cases, and they almost never bring a case to trial in Madison County.  Judge Carruthers suggested that opening the settlement conferences and trial priority lists will encourage case resolution at a higher volume and allow defendants to move quicker on matters that might otherwise languish for several months as they move trial dates.  As this order is implemented, circumstances might dictate that the Court require plaintiffs to provide a trimmed down potential trial list to provide time for parties to file necessary motions and prepare for trial, or otherwise provide more clarity regarding what level of trial preparedness defendants need to have on a docket-by-docket basis.  Judge Carruthers does not foresee a scenario where Madison County has a significant number more than 780 trial dates a year, and he thinks it is likely the Court will limit trial weeks to two or three plaintiffs’ firms a week at its discretion, which is like the prior Standing Order requirement.  

Another significant change the Court made to the Standing Order is expanding who can apply for an expedited trial setting.  Previously, only plaintiffs aged 70 or older, those diagnosed with a limited life expectancy, or those diagnosed with mesothelioma could apply.  Now, plaintiffs aged 67 or older, as well as their surviving spouse or next of kin, may request an expedited trial if they can demonstrate substantial physical or financial hardship, or show good cause.  Judge Carruthers stated that these revisions are in line with Illinois law regarding when a court may expedite a case trial setting.  He found that Illinois law clearly allows the court discretion to expedite any case, regardless of disease alleged, based on the criteria enumerated.  This is a substantial change in Madison County procedure likely undertaken to open the venue for more lung cancer, asbestosis, and other cancer cases.   The change likely means defendants will have to prioritize non-mesothelioma cases slightly more in Madison County now.  The expedited settings are already something defendants must deal with in Madison County, and the change in who qualifies only shifts focus to different types of damages claims.  Defendants should be prepared to face expedited cases from estates and individuals who are not the injured parties, but have some other qualifying factor (i.e., financial hardship) that otherwise would not have qualified previously.  The presumed result is more cases moving faster toward resolution.

There were several minor revisions to the Standing Order to reflect realities of modern litigation practices.  For instance, electronic filing is now mandatory, and references to specific filing services (LexisNexis) were eliminated.  Other minor changes include the codification of existing procedural practices, clarification of in-person hearing and conference attendance requirements, and revision to the confidential juror questionnaire.  Notably, Judge Carruthers did not allow for Madison County dockets and conferences to go virtual as some other venues have in the last five years.  He will allow some virtual hearings, but the typical practice will require attorneys to appear in person.  These minor updates to the Standing Order are not likely to have an impact on day-to-day litigation in Madison County and largely reflect the normal methods of operation in the venue that have existed for years now. 

Judge Carruthers and Judge Stobbs provided clear intent with their revisions to the Standing Order.  They intend to exercise more discretion in setting cases and moving those cases around trial dockets.  The Court will no longer restrict itself and will open its doors for more expedited cases in 2025.  Judge Carruthers believes this will create a more efficient and modern docket in Madison County that will benefit both sides of the litigation.  The ultimate effectiveness of his changes will play out in 2025, but for his part, Judge Carruthers does not view this as a major shift in Madison County.  We are inclined to agree.  The real impact from a defense perspective might be that the Madison County docket starts to look more like the St. Clair County docket.  We will see more cases filed in Madison County, less posturing that trial dates are solidified, or cases are likely to go to trial on the date, and more emphasis on resolution without court involvement.

Judge Carruthers and Judge Stobbs provided clear intent with their revisions to the Standing Order.  They intend to exercise more discretion in setting cases and moving those cases around trial dockets.  The Court will no longer restrict itself and will open its doors for more expedited cases in 2025.  Judge Carruthers believes this will create a more efficient and modern docket in Madison County that will benefit both sides of the litigation.  The ultimate effectiveness of his changes will play out in 2025, but for his part, Judge Carruthers does not view this as a major shift in Madison County.  We are inclined to agree.  The real impact from a defense perspective might be that the Madison County docket starts to look more like the St. Clair County docket.  We will see more cases filed in Madison County, less posturing that trial dates are solidified, or cases are likely to go to trial on the date, and more emphasis on resolution without court involvement.

Shawn Varghese/Joe Hargraves