SANGAMON COUNTY, Ill. (WCIA) — Nearly two years have passed since a class action lawsuit was initiated against a Carlinville funeral home; the legal proceedings persist and may ascend to the Illinois Supreme Court.

Attorneys submitted the lawsuit against Heinz Funeral Home and Family Care Cremation in December 2023, representing families who selected the funeral home for their loved ones’ services. The suit claims that there were significant delays in receiving the cremated remains, causing family members to feel “anxious and suspicious.” Eventually, cremains were delivered, and families were assured they belonged to their deceased relatives.

The lawsuit, however, claims that Heinz Funeral Home and Family Care Cremation mishandled the cremains, did not provide the correct ones, and thus, families are unable to find closure regarding their loved ones’ deaths.

Sangamon County Coroner Jim Allmon stated that his office verified approximately 80 families received incorrect cremains. However, Allmon noted that the funeral home served around 800 individuals, suggesting the possibility of additional errors.

The defense for Heinz Funeral Home, LLC and Family Care Cremation, LLC responded to the lawsuit by filing a motion to dismiss. Their defense largely hinges on a written arbitration clause included in the purchase agreement, signed by a family member or representative of the deceased.

The arbitration clause appeared as follows:

“NOTICE: BY SIGNING THIS AGREEMENT, YOU ARE AGREEING THAT ANY CLAIM YOU MAY HAVE AGAINST THE SELLER SHALL BE RESOLVED BY ARBITRATION AND YOU ARE GIVING UP YOUR RIGHT TO A COURT OR JURY TRIAL AS WELL AS YOUR RIGHT OF APPEAL.”

The Circuit Court for the Seventh Judicial Circuit in Sangamon County was tasked with concluding whether or not the arbitration clause was enforceable.

Eventually, the court concluded that the arbitration clause is unenforceable because it’s “unconscionable.” Although the arbitration clause was not hidden, it was a pre-printed form that offered no opportunity to negotiate the terms of the agreement. The court also said the agreement was one-sided — only the buyer’s claims against the seller are subject to arbitration.

Representatives for Heinz Funeral Home, LLC and Family Care Cremation, LLC eventually appealed that decision in the Fourth District Appellate Court of Illinois.

The appeals court reviewed the case, and ended up reversing the circuit court’s decision. The family members who signed the purchase agreement were told that they would need to arbitrate, settling the dispute outside of court.

The appeals court said that the evidence presented did not indicate that the plaintiffs were rushed to sign the contract, and the plaintiffs neither disputed that the terms and conditions of the contract were in their possession nor indicated that they did not understand the terms of the arbitration agreement.

“Unfortunately for plaintiffs, despite the repulsive circumstances and vile misrepresentations regarding their loved ones’ ashes — as alleged in their complaints — nothing about the transaction suggests coercion or deception,” the appeals court wrote in their decision.

But, the legal dispute didn’t end there.

On Sept. 4, 2025, lawyers for the family filed a petition for “leave to appeal.” They’re asking the Illinois Supreme Court to reinstate the decision of the circuit court — concluding that the arbitration clause is unenforceable.

The plaintiff’s lawyers allege that the appeals court came to the wrong conclusion.

“Allowing the holdings of the Fourth District in this case to remain intact creates dangerous precedent for drafters of wholly one-sided arbitration agreements to say that so long as they put their unfair clauses is in bold lettering, courts will enforce them,” the plaintiffs’ lawyers wrote. “To prevent such inequities, Plaintiffs respectfully request this Court grant their Petition for Leave to Appeal, and reverse the decisions of the Appellate Courts, ordering that the clause at issue is unenforceable.”

If the Illinois Supreme Court decides to take up the case, and rules in the plaintiff’s favor, legal proceedings for the class action complaint can begin.

WCIA reached out to Heinz’s legal representatives for comment, but they did not immediately respond back.