Saltzburg Honored for Work on Class Action Lawsuit


December 10, 2019

Professor Stephen A. Saltzburg poses with his Trial Lawyer Excellence Award.

Wallace and Beverley Woodbury University Professor of Law Stephen A. Saltzburg was honored for his work on a class-action lawsuit from the Jury Verdict Reporter, a division of Chicago-based Law Bulletin Media. The award was given to the highest reported Illinois verdict or settlement since the 2018 Trial Lawyer Excellence Award Event.

Professor Saltzburg and other co-counsel secured a $250 million settlement in Hale v. State Farm.

"I was so proud to be part of a team of lawyers led by Robert Clifford of Chicago who showed true dedication to every class member and to the principle that no one and no organization is too large or powerful to be brought to justice," Professor Saltzburg said.

Hale v. State Farm arose from an earlier class-action lawsuit, Avery v. State Farm, which involved a challenge to the quoting or specification of aftermarket non-Original Equipment Manufacturer vehicle repair parts in the 1980s and 1990s. Avery resulted in a jury verdict in 1999, amounting to a $1 billion judgment against State Farm, but was reversed by the Illinois Supreme Court in August 2005. In Hale, the plaintiffs allege that State Farm violated federal law by improperly influencing the Illinois Supreme Court's decision to reverse the Avery judgment.

Both parties agreed to settle the Hale litigation because they believed it is in the best interest of all the parties and to avoid lengthy litigation and appeals that could continue for years. The settlement provides benefits to the over four million current and former State Farm policyholders who were members of the class in Avery.

Shortly before the trial was to begin, Mr. Clifford asked Professor Saltzburg, who has published many books and articles on evidence, to argue several key evidentiary issues.  The plaintiffs prevailed on each of them.

"The significant thing for the plaintiff's is that they finally received money from State Farm after decades of delays in a case arising from allegations that State Farm did not use original manufacture parts in repairing autos as their policies promised," Professor Saltzburg said.

Professor Saltzburg has been with GW Law since 1990. The Chief Justice of the United States appointed him as reporter for, and then as a member of, the Advisory Committee on the Federal Rules of Criminal Procedure and as a member of the Advisory Committee on the Federal Rules of Evidence. He has served as a special master in two class action cases in the DC District Court, and continues to serve as a mediator for the US Court of Appeals for DC. He has mediated a variety of disputes involving public agencies and private litigants; served as a sole arbitrator, panel chair, and panel member in domestic arbitrations; and served as an arbitrator for the International Chamber of Commerce.