Legal Update

Judge Denies Motions For Class Certification in Allen and Austin Cases

By February 4, 2022No Comments

As many of you know, parents filed lawsuits over masking and close contact exclusion requirements that were consolidated and are now pending before Judge Raylene Grischow in the 7th Judicial Circuit, Sangamon County, in Austin v. Board of Education of CUSD No. 300, et. al. (Case No. 2021 CH 500002).  Similarly, school personnel filed a challenge to mask and vaccination/testing requirements in a lawsuit pending before Judge Grischow in Allen v. Board of Education of North Mac CUSD No. 34, et al. (Case No. 2021 CH 500007). This afternoon, Judge Grischow issued orders denying plaintiffs’ motions for class certification in both Allen and Austin.  The Court’s denial of the class certification means that the lawsuits will proceed by the named plaintiffs, but do not include all educators in Illinois school districts (Allen) or all parents/guardians with children in Illinois school districts (Austin).  Notably, the Court held that the motions were denied without prejudice and that plaintiffs could file another motion for class certification in the future after more evidence has been obtained by plaintiffs.

Judge Grischow has not yet issued orders on the plaintiffs’ motions for temporary restraining orders (TROs) in either Allen or Austin.  We will keep you apprised of future developments.