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Rosolowski v. Clark Ref. & Mktg.

ELR Citation: 38 ELR 20146
Nos. No. 1-0-0048, (Ill. App. Ct., 06/16/2008)

An Illinois appellate court reinstated a $120 million jury verdict awarded in favor of residents who filed a nuisance class action suit against the owner of a nearby oil refinery. After the entry of the multimillion dollar jury award in favor of the residents, the trial court decertified the class, vacated the award, and ordered a new trial. The trial court, however, had no authority to decertify the class. There were no "clearly changed circumstances" and there was a prior "decision on the merits." Thus, the trial court's interlocutory order was invalid.