EAST ST. LOUIS — An insurance firm is suing John Beck, Joyce Beck, Stephen Beck, and Lisa Beck, citing alleged breach of contract.

Auto-Owners Insurance Company filed a complaint on May 17 in U.S. District Court of the Southern District of Illinois against the defendants, claiming that they have demanded $100,000 more than they are entitled to under an underinsured motorist provision. Auto-Owners says in the suit that it owes the defendants $200,000, not the $300,000 they are allegedly demanding.

The plaintiff seeks just allocation among the defendant the undisputed $200,000, a declaration that the plaintiff has satisfied all obligations under the policy by paying $200,000 to the defendants, and any further relief as this court sees fit. It is represented by Jeffrey T. Reel of Lewis Brisbois Bisgaard & Smith LLP in Edwardsville.

U.S. District Court for the Southern District of Illinois case number 3:16-cv-00555-DRH-PMF

EDWARDSVILLE — A couple's lawsuit against motorist Nicholas W. Wheeler claims the defendant took insufficient measures to prevent injuries.

Gary W. Johnson and Helen A. Johnson filed a complaint on May 17 in Madison County Circuit Court against Nicholas W. Wheeler alleging that the motorist was negligent and failed to properly control his vehicle at the time of an April 12 crash.

The plaintiffs claim they suffered injuries, and they hold Wheeler responsible because the defendant allegedly failed to keep a proper lookout and allegedly failed to properly control his vehicle.

The plaintiffs seek judgment against the defendant for an amount in excess of $50,000 plus court cost. They are represented by Brian M. Wendler and Angie M. Zinzilieta of Wendler Law, P.C. in Edwardsville.

Madison County Circuit Court case number 16L684

EDWARDSVILLE — A patient is suing over dental care, alleging negligence and failure to take sufficient measures to prevent injuries.

Sydney J. Mulder filed a complaint on May 17 in Madison County Circuit Court against Richard R. Boatman Jr., D.M.D., P.C., d/b/a Troy Family Dental; Richard R. Boatman Jr. D.M.D.; Donnell Dental Lab, Inc.; Bart Donnell; and Shatkin F.I.R.S.T. LLC, alleging that they failed to provide proper dental treatment.

According to the complaint, the plaintiff alleges that improperly sized dentures he received in 2015 caused him severe pain, and that defendants ultimatly discontinued his treatment.

The plaintiff seeks judgment against the defendants for an amount in excess of $50,000 and any further relief as this court sees fit. He is represented by Brian M. Wendler and Angie Zinzilieta of Wendler Law, P.C. in Edwardsville.

Madison County Circuit Court case number 16L682

Asbestos, mass tort and personal injury attorneys near and far factored heavily in Democrat C.J. Baricevic outraising first-term Republican Mike Bost in a contest for the 12th Congressional District.

Baricevic, son of St. Clair County Chief Judge John Baricevic, raised $231,145 in the first quarter to Bost’s $183,323.

Still, Bost had significantly more cash on hand at the end of March to the tune of $867,135 to Baricevic’s $323,564.

Bost, of Murphysboro, was first elected to Congress in 2014 to a seat which had been a Democrat stronghold for decades.

While the majority of Bost’s contributions in the first quarter came from political action committees; Baricevic’s came primarily from the plaintiff’s bar.

Since announcing last July, Baricevic has raised $546,853. Among those contributing to Baricevic include:

Nine partners at the Simmons asbestos firm based in Alton have contributed $1,000 apiece: John Simmons, Mike Angelides, Nick Angelides, John Barnerd, Perry Browder, Trent Miracle. Randy Cohn, Ted Gianaris, and Christopher Guinn.

Former Simmons partner Jeffrey Cooper has given the maximum individual contribution allowed in 2015 and this year for a total of $5,400.

Partners at the St. Louis asbestos firm Maune Raichle Hartley French and Mudd contributed $2,700 each: Barton French, Neil Maune, Nathaniel Mudd and Marcus Raichle.

Asbestos attorneys Beth and Randy Gori of Edwardsville each contributed $2,700; Gori attorneys Erin Beavers contributed $500 and Martavious Thomas contributed $250

Chicago-area trial lawyers also gave the maximum of $2,700: Robert Clifford, Keith Hebeisen, Joseph Power, Philip Corboy and Kevin Conway.

Product liability attorney John Driscoll of St. Louis gave $2,700 this year and last.

Attorneys at Keefe and Keefe in Swansea also have donated the maximum, including two legal assistants and a receptionist who gave $2,700 apiece.

Dozens more Belleville area attorneys also have contributed to Baricevic.

So have sitting judges, former judges and a former U.S. Attorney.

Fifth District Appellate Court Justices Judy Cates has contributed $4,300 and Richard Goldenhersh, $500. Retired justice James Donovan contributed $90.

The candidate’s father, Chief Judge Baricevic, has given $2,700.

St. Clair County Associate Judges Richard Aguirre gave $350 and Randall Kelley, $320.

Retired Madison County circuit judge Daniel Stack contributed $500.

Former U.S. Attorney Stephen Wigginton, who stepped down last December to enter private practice, gave $1,500.

The heads of county government also contributed. Mark Kern, chairman in St. Clair County gave $2,700 and Alan Dunstan, chairman in Madison County, gave $500.

In the 2014 election, Bost defeated Democrat Bill Enyart of Belleville who held the office for one term. Enyart carried the torch for the Democrat party in 2012 after Jerry Costello chose not to seek re-election after having served in Congress 24 years.

Belleville attorney Alex Enyart, son of the former congressman, contributed $10 to Baricevic.

CHICAGO - Should the historic budget cuts being planned by Chicago Public Schools not prevent it from going bust, the idea of bankruptcy looms as a possibility.

And should that occur, the judge to whom the case is assigned will play a key role, observers say. His or her role in administering the case would differ from a Chapter 11 corporate reorganization.

In CPS’ case, legislators could consider a bill that would authorize a district bankruptcy, as well as procedures designed to foster negotiation and provide outside oversight of its pre-filing and post-filing activities.

This could include appointing an emergency manager or control board that would work with CPS to develop a restructuring plan and lead negotiations with its creditors.

Bankruptcy attorney David Christian, who heads his own practice in Chicago and Kansas City, Mo., explains that if Illinois passed a bill that has been introduced and CPS opted to file for bankruptcy, a federal bankruptcy judge would rule on motions that govern how the case should proceed and possibly require that CPS engage in the mediation process to move toward a quicker conclusion.

“I think the bankruptcy judge would want to have the case on a very short leash, given the public importance,” Christian said.

Saqib Bhatti, a fellow at the Roosevelt Institute and director of the ReFund America Project in New York, explains that the judge would also collect all of CPS’ bills at the beginning of the case and decide what should and shouldn’t be paid in the short term.

Bhatti says that once CPS – or its emergency manager or control board – introduces a restructuring plan in a Chapter 9 bankruptcy, the district will share it with creditors, who then may file objections with the judge.

Unlike in a Chapter 11 bankruptcy, he says, the judge can only decide whether to accept or reject the restructuring plan.

“In a corporate bankruptcy, the corporation comes up with a plan, people object to that plan and a judge might come up with a whole new plan,” Bhatti said. “In Chapter 9, the idea is that the judge in deciding what to do doesn’t impose his or her plan on the taxpayers. The judge can simply give a thumbs up or thumbs down.”

If the judge rejects the plan, the parties restart the process and develop a new plan.

“It can go back and forth as many times as needed to get a plan passed,” Bhatti said.

In the past few months, Chicago Public Schools have asked principals to help eliminate $85 million from school budgets and required teachers and other employees to take multiple furlough days in an effort to close its imminent $1.1 billion deficit.

CPS has also rallied against Gov. Bruce Rauner’s recent proposal to cut its funding by $74 million a year. According to CPS, the nation’s third-largest school district, its students already receive just 15 percent of Illinois’ education funding even though they make up 20 percent of the state’s enrollment.

Rather than direct more money to financially-strapped CPS, Rauner has publicly supported a legislative measure, introduced by Rep. Ron Sandack, that would allow any local unit of government in Illinois – including school districts – access to Chapter 9 of the federal bankruptcy code.

While arguably not the most popular option, Christian contends that Chapter 9 bankruptcy could serve as a last resort for CPS if the district is unable to sort out its finances.

“When circumstances are dire, and you’re running out of options, or you have no options left, it’s that process that brings everyone together, imposes discipline and creates a requirement as a practical matter, if not as a strict legal matter, that you get something done that solves the problem,” he said.

Christian points out that in some cases, legislation that provides for Chapter 9 bankruptcy also outlines what the municipality can expect during the process. As an example, he refers to Michigan, where state law required that an emergency manager oversee the Detroit bankruptcy and provide a report to the governor before he or she filed the case.

Christian cites other significant differences between Chapter 9 and Chapter 11 bankruptcy, including the inability of the bankruptcy court in a Chapter 9 case to appoint a trustee to take control of the operations of a municipality.

He adds that the same level of permissions and transparency doesn’t exist in Chapter 9 as would be required in Chapter 11. For example, he says, a municipality in a Chapter 9 case can continue its regular operations and expenditures without court approval, unlike a business that obtains debtor-in-possession financing in a Chapter 11 case.

“This all arises out of the nature of the entity as one that exists by virtue of the sovereignty of the state and its relationship to the federal government and the fact that it is financed by the taxpayers, not by private capital,” he said.

Despite their differences, Mark Glennon, managing director at Ninth Street Advisors, a financial planning and consulting firm in Chicago, contends that Chapter 9 and Chapter 11 bankruptcy share an important similarity – improving the debtor’s ability to raise money in the future.

“It is the oldest trick in the book that lenders play in bankruptcy,” Glennon said. “They threaten people and tell them their credit rating will be forever-ruined if they go into bankruptcy. But it’s not like individual bankruptcy.

“Municipality bankruptcy is like corporate bankruptcy. Bankers are quite anxious to lend to companies after bankruptcy or even while they’re in bankruptcy.”

However, like Christian, Glennon contends that bankruptcy isn’t the best option for any particular municipality. He says the question is whether it’s unavoidable, and if so, the municipality should be prepared to face it quickly and efficiently.

Glennon adds that CPS needs to analyze its contracts, assets, liabilities, secured and unsecured debt and pension obligations before the district can answer that question.

“It’s the duty of any officer of a company or a municipality that is in severe trouble to go through the analysis to determine whether a bankruptcy would be a sensible option for all stakeholders,” Glennon said. “That’s not getting done by CPS or anyone else.”

He also points out that since Detroit exited bankruptcy in 2014, the city discovered that it underestimated its pension liability and failed to make needed cuts during the restructuring process.

“That’s why it’s critical that you get this right when you’re in bankruptcy,” Glennon said. “Otherwise you’re locking into a severe problem that’s going to continue.”

BELLEVILLE — A worker is suing Prairie State Energy Campus Management Inc., Prairie State Generating Company, Inc., Illinois Municipal Electric Agency, alleging negligence and claiming insufficient measures were taken to prevent injuries.

Jeffrey C. Davitz II filed a complaint on May 5, in the St. Clair County Circuit Court against the defendants alleging that they failed to maintain a reasonably safe area for their employee.

According to the complaint, the plaintiff alleges that, in December 10, 2015, he suffered body injuries. The plaintiff holds Prairie State Energy Campus Management, Inc., Prairie State Generating Company, Inc., Illinois Municipal Electric Agency responsible because the defendants allegedly failed to maintain their facilities free of any obstructions that may cause an accident while their employees perform their duties.

The plaintiff seeks judgment against the defendant in excess of $50,000 plus court costs. He is represented by Grey Chatham of Chatham Gray Attorney At Law in Belleville.

St. Clair County Circuit Court case number 16L247

BENTON – Madison County state’s attorney Tom Gibbons answered a retaliation suit from former employee Andrew Kane with praise for the person who fired him. 

His answer to the suit in U.S. district court denies that he should have disciplined office manager Kevin Hendricks and admits he raised his pay. 

Kane regained his secretarial job through an arbitration award in 2013, but he resigned and sued Gibbons’s office and the county in February. 

As reason for his firing, Hendricks and Gibbons have alleged that Kane made racist remarks and threatened blackmail. 

Kane’s lawyer, Lee Barron of Alton, claims that when his client was reinstated, Gibbons assigned him to a demeaning position under Hendricks. 

Kane seeks damages from Gibbons’s office and the county. 

Gibbons retained John Gilbert of Edwardsville, who filed an answer on May 16. 

“Defendant admits that it did not discipline Kevin Hendricks because there was no legal basis or requirement that Kevin Hendricks be disciplined as a result of the finding made by the Illinois Department of Human Rights,” Gilbert wrote. 

“The finding made by the Department of Human Rights merely suggested that an issue of fact existed which required decision by a finder of fact. 

“Not disciplining Hendricks and even giving Hendricks a raise and providing Hendricks with additional perquisites of employment do not constitute and did not constitute a legal violation. 

“Rather, any perquisites of employment provided to Hendricks were provided to him on the basis of his performance and value to the state’s attorney as an employee of the state’s attorney.” 

Gilbert denies that the Department of Human Rights found Gibbons violated the Human Rights Act.   

He wrote that the arbitrator who reinstated Kane’s position also imposed discipline on Kane nearly equivalent to nine months on suspension. 

Gibbons reinstated Kane to a position consistent with a “Secretary II.” 

Gilbert wrote that the position was not demeaning and did not constitute an adverse employment action under the Civil Rights Act. 

He separately moved to dismiss Madison County as defendant, arguing that Kane incorrectly identified the county as employer rather than the state’s attorney. 

District Judge Phil Gilbert planned a scheduling conference on May 26.   

State troopers plead in St. Clair County court that the people must continue paying them for thousands of hours they devote to their union. 

Lodge Number 41 of the Fraternal Order of Police sued the state police department on May 5, to preserve compensation for what they call 518A time. 

Ryan Hagerty and Joel D’Alba of Chicago entered appearances for the troopers and moved for an injunction pending arbitration already in progress. 

They filed it on the miscellaneous remedy docket, where Circuit Judge Robert LeChien presides. 

LeChien will run for St. Clair County circuit judge as a Democrat this November, provided that a challenge to his candidacy is denied. 

The first page of the union’s motion identified Hagerty and D’Alba as counsel. 

The last page showed a signature of Lauren Cates, of Cates Mahoney in Swansea. 

David Cates of the same firm placed his name on the signature page too. 

His mother, presiding Judge Judy Cates of the Fifth District appellate court, won her job as a Democrat. 

In the pleading, the union’s lawyers wrote that the 518A code designates time for lodge meetings, grievance meetings, committee meetings and contract negotiations. 

They wrote that for July 1, 2014 to last June 30, the state agreed to issue 575 days worth of 518A time. 

At eight hours a day, that equals 4,600 hours. At 40 hours a week, that equals 115 weeks. At 52 weeks a year, that equals 2.2 years worth of union work in a year. 

The state has provided 518A time “or a functional equivalent” to Hispanic and Black law enforcement associations, the pleading states. 

It also states that the lodge has negotiated for this benefit since at least 1988. 

The union’s lawyers wrote that over the years, the lodge has made significant concessions to maintain this benefit. 

They wrote that a request for 518A time was pending for a June 30 meeting of the lodge board to discuss contract negotiations, and that this time has been used in quelling workplace disputes that would otherwise impact operations, morale and service. 

“The presence of a lodge representative, paid by the state, at various labor-management functions over the years has had the effect of promoting positive morale, encouraging harmonious labor-management relations, and preserving labor peace,” the union’s lawyers wrote. 

They wrote that the lodge has a strong interest in ensuring that it has manpower to adequately represent members, and that it has a legitimate interest in protecting member support that is threatened by the department’s flagrant conduct. 

“The cumulative effect of these events is to weaken the strength of the lodge and its members just when they need it the most, in the midst of contentious contract negotiations and impasse arbitration,” they wrote. 

LeChien ordered the department to respond by June 3.

A proposal to cut Madison County property taxes has become a clearly partisan issue with both sides now gearing up for a challenge to the “blue collar tax referendum.”

Attorneys representing thousands of registered voters who want the referendum to appear on the November ballot argue that their opponents are lying when they say the measure would result in a reduction in funding for law enforcement.

In the meantime, opponents allege that organizers who gathered nearly 10,000 signatures favoring the referendum “allowed fraudulent activity in order to get as many signatures as possible.” They say that close to 30 percent of signatures are invalid, and that, therefore, the referendum cannot go forth to voters in the upcoming election.

A Madison County electoral board, which will rule on objections to approximately 2,500 signatures gathered by proponents, is comprised of Madison County Clerk Debbie Ming-Mendoza, former Associate Judge James Hackett and former assistant state’s attorney Stephanie Robbins.

Ming-Mendoza said on Tuesday that hearings have not yet been set in the matter.

The controversy stems from an effort led in part by county Treasurer Kurt Prenzler, a Republican, who along with his allies, recently collected approximately 2,000 signatures more than necessary to get this question on the ballot:

"Shall the maximum tax rate for general county purposes of Madison County, Illinois, be established at 0.20 percent of the equalized assessed value of the taxable property therein instead of 0.25 percent, the maximum rate otherwise applicable to the next taxes to be extended?"

Prenzler and others say that for years, the county has over-taxed property owners between $3 and $4 million per year, and as a result the county has a $144 million surplus. They say that there will not be a decrease in funding for law enforcement, as suggested by county Democratic office holders, including Board chairman Alan Dunstan, State’s Attorney Tom Gibbons and Sheriff John Lakin.

Lakin has said his department would lose $600,000 in funding; Gibbons has said his office would lose $200,000.

Prenzler is challenging long-time county government head Dunstan in the November election.

Attorneys Don Weber and James Craney represent 9,982 registered voters who signed their names to the pro- blue collar tax referendum petitions.

In a motion to seek discovery in the case going before the electoral board, Weber and Craney say they want to determine what the objectors’ motives and bias are.

“It is a lie for Objectors to state that the blue collar tax cut referendum in question will reduce funding for law enforcement,” they wrote.

“This surplus was created by Chairman Alan Dunstan’s over-taxing the citizens of Madison County…There will be no decrease in the funding of law enforcement and Objector’s statements to the contrary are simply false. One more example of lies and untruths made by Objectors.”

Madison County Democratic Central Committee chairman Mark Von Nida, who also serves as the county’s elected Circuit Clerk, led the effort to challenge the signatures collected.

“Kurt Prenzler and his Tea Party friends have filed petitions for a tax referendum,” Von Nida wrote on county Democrat letterhead.

“While Democrats have been working toward providing real property tax relief, this has been a completely dishonest effort that Prenzler has been using for his political campaign.

“We hope to prove at an Election Board Hearing that corners were cut and that organizers allowed fraudulent activity in order to get as many signatures as possible.”

One of the opponents whose objections form the basis of the complaint before the electoral board, Bennett Dickmann, is a former police officer, police chief and city administrator, who stated that a full review of the signatures had been conducted.

Dickmann and fellow objector Richard Gillespie are represented by Granite City attorney William Schooley.

“It appears that supporters of this petition submitted nearly 3,000 invalid signatures,” Dickmann wrote in a Facebook posting.

“Maybe it is my suspicious nature, but I cannot avoid believing that one or more persons were party to an effort to violate election law. By essentially ‘stuffing the ballot box’ and submitting thousands of invalid signatures, the supporters of this petition drive have seemingly attempted to fraudulently mislead the public into thinking that their anti-law enforcement efforts had the support of the public and should be submitted to a vote. Clearly, this level of support as claimed is not the case and I feel we can now prove it.”

Weber said he was confident that the objectors will not prevail.

He said that all but 10 of the 9,992 signatures were witnessed by a petition circulator, and that there are 127 circulators who have signed affidavits attesting to the validity of the signatures.

He also said that approximately 160 signatures are being challenged on the basis of being duplicates.

If need be, he said that supporters would go back to persons whose signatures are being challenged to have them re-affirm their position.

Of the 2,500 signatures in dispute, Weber said that objectors would have to sustain 75 percent of those challenges in order to defeat the referendum going before voters.

BELLEVILLE — A woman is suing James Douglas Schoen, M.D.; Esse Health Accountable Care Organization, LLC d/b/a Esse Health, and Simply the Breast, LLC d/b/a Advancedtech Breast Imaging Specialists, LLC, medical practitioners, claiming negligence and alleging that insufficient measures were taken to prevent injuries.

Deborah Reimers filed a complaint on May 10 in St. Clair County Circuit Court against the defendants, alleging that they failed to provide an accurate report for plaintiff's mammography.

According to the complaint, the plaintiff alleges that in May 2014, she was diagnosed with grade 3 ductal carcinoma, and says signs of cancer were missed after a June 2103 mammography. The plaintiff holds James Douglas Schoen, M.D.; Esse Health Accountable Care Organization, LLC d/b/a Esse Health, Simply the Breast, LLC d/b/a Advancedtech Breast Imaging Specialists, LLC responsible because the defendants allegedly neglected their duties to provide an accurate report for plaintiff's mammography results, which made plaintiff's condition worse.

The plaintiff requests a trial by jury and seeks judgment against the defendants in a sum in excess of $50,000 plus court costs. She is represented by William R. Tapella and K. Lindsay Rakers of Taapella & Eberspacher LLC in Mattoon.

St. Clair County Circuit Court case number 16-L-253

EDWARDSVILLE — The special administrator of the Estate of Zittie B. Harris (deceased) is suing OSF Healthcare, alleging wrongful death.

Olivia A. Lacey filed a complaint on May 12, in the Madison County Circuit Court against OSF Healthcare alleging that the health care facility failed to inform the physician of Harris with regard to patient's change in clinical status.

According to the complaint, the plaintiff alleges that, on August 23, 2015, the decedent died due to negligence and acts of omission. The plaintiff holds OSF Healthcare responsible because the defendant allegedly failed to provide the necessary information to Harris' physician, which became the reason for the latter's death.

The plaintiff seeks an amount in excess of $50,000 plus costs. She is represented by Joseph A. Bartholomew of Cook, Ysursa, Bartholomew, Brauer & Shevlin Ltd. in Belleville.

Madison County Circuit Court case number 16 L658

EDWARDSVILLE — A man is suing neurosurgeon Joseph Yazdi, M.D., and Southern Illinois Brain & Spine Center PC, alleging negligence and claiming that insufficient measures were taken to prevent injuries.

Paul Mills filed a complaint on May 2 in Madison County Circuit Court against the defendants, alleging that they failed to provide appropriate care.

According to the complaint, the plaintiff alleges that on January 14, 2014, he was hospitalized at the defendants' facility for extensive neck surgery, and has experienced great pain and anguish. The plaintiff holds Joseph Yazdi, M.D., and Southern Illinois Brain & Spine Center PC responsible because the defendants allegedly carelessly used wrong devices for the neck surgery and carelessly failed to monitor his post-surgical condition.

The plaintiff requests a trial by jury and seeks judgement against defendants in an amount in excess of $50,000. He is represented by John J. Hopkins of John J. Hopkins & Associates PC in Alton.

Madison County Circuit Court case number 16L242

Jo Michele Grondy, individually and as special administrator of the estate of Thomas H. Wyllie, deceased ,filed a complaint on May 10 in St. Clair County Circuit Court against the defendants, alleging that they allegedly failed to exercise ordinary care and caution for safety.

According to the complaint, the plaintiff alleges that on June 27, 2014, the plaintiff and decedent first became aware that decedent had developed mesothelioma, which was wrongfully caused by exposure to and inhalation of asbestos fibers. The decedent died of mesothelioma on October 15, 2014, the suit says. The plaintiff holds the defendants responsible because they allegedly included asbestos fibers in their products when they knew or should have known that said asbestos fibers are toxic and poisonous, failed to provide adequate instructions and warnings, and other allegations.

The plaintiff requests a trial by jury and seeks judgment against the defendants in an amount to exceed $50,000, punitive damages and for such other and further relief as the court may deem appropriate. She is represented by Ethan A. Flint of Flint Law Firm LLC in Glen Carbon.

St. Clair County Circuit Court case number 16L254