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Companies accused of negligence after lung cancer death

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BELLEVILLE — An estate special administrator is suing American Optical Corp., Ameron International Corp., Armstring Pumps, Inc., Atlantic Richfield Company, Aurora pump Company, BASF Catalyst LLC and multiple other companies, citing alleged battery, conspiracy, negligence, manufacturing defect and fraudulent misrepresentation in connection with asbestos exposure.

Cynthia Osborne, individually and as special administrator for the estate of Gale Osborne, deceased, filed a complaint on May 11 in St. Clair County Circuit Court against the defendants, alleging that they failed to exercise reasonable care and caution for the safety of decedent and all others working with products containing asbestos.

According to the complaint, the plaintiff alleges that on February, 19, 2014, decedent first became aware that he had developed lung cancer, an asbestos-induced disease, which led to his death on July 6, 2014. The plaintiff holds the defendants responsible because they allegedly included asbestos fibers in their products when they knew or should have known that asbestos fibers are toxic and poisonous, failed to provide adequate instructions and warnings, and failed to conduct tests on the asbestos-containing products manufactured.

The plaintiff requests a trial by jury and seeks judgment in against the defendants in a sum in excess of $50,000 and compensation for economic damages. She is represented by Randy L. Gori and Barry Julian of Gori, Julian & Associates PC in Edwardsville.

St. Clair County Circuit Court case number 16L257


Supreme Court hands down discipline to two area attorneys

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The Illinois Supreme Court on May 18 imposed sanctions on two area attorneys for misconduct that included concealing the death of a clent and selling marijuana.

Anthony Patrick Gilbreth of Crowder and Scoggins in Columbia was censured for having settled his deceased client's case without informing the court or opposing counsel in a St. Clair County product liability case.

His firm had filed suit against Orthotic & Prosthetic Lab on behalf of Randy Robison in 2008. Robison had alleged failure of a prosthesis that Orthotic designed, made and sold.

Robison died in January 2013. His son Matthew Robison was appointed administrator of the estate in August. During settlement negotiaions, Orthotic & Prosthetic offered $110,000 in September and a few days later Gilbreth responded to the offer saying his client instructed him to accept it.

"At the time of the settlement, defense counsel was unaware because Respondent had not told him that Mr. Robison had died," states an Attorney Registration and Disciplinary Commission (ARDC) petition for discipline. "Respondent withheld the fact of Mr. Robison's death in part because he knew that Mr. Robison's death would reduce the value of any claim for damages.

"Respondent also felt that it would be improper to reveal Mr. Robison's death because Respondent thought that information was confidential under Rule 1.6 of the Illinois Rules of Professional Conduct, and its revelation would harm his former client's claim. Respondent did research the issue and discussed it with other attorneys in his firm, but did not research ARDC case precedent, discussed infra, in which attorneys have been disciplined for failure to disclose his or her client's death under similar circumstances."

The ARDC's petition states that in mitigation, five lawyers from Columbia, Edwardsville and Belleville, a reverend from Columbia and a judge in Monroe County would testify that Gilbreth "has a good reputation for truth and veracity."

Gilbreth was admitted to practice in 2006.

Scott Hassebrock of Mascoutah was disbarred on consent after having pled guilty to possession with intent to deliver between 2,000 and 5,000 grams of cannabis, unlawful delivery of cannabis, and violations of an order of protection.

According to ARDC charges against him, Hassebrock transported marijuana from California to his home in Mascoutah and later sold some of it to a person who was secretly cooperating with law enforcement. His arrest took place in Montgomery County in April 2014.

Law enforcement then executed a search warrant at his home where 2,224 grams of marijuana was found. He faced felony charges in St. Clair County and Montgomery County.

On the same date he was charged, his girlfriend Tammy Petroski was granted an emergency order of protection. Petroski alleged that Hassebrock "threatened, grabbed and/or pushed" her on several occasions.

He pled guilty in February 2015 in St. Clair County to the charge of unlawful possession with intent to deliver more than 2,000 grams but less than 5,000 grams. He was sentenced to probation for four years with the agreed condition that he would not practice law during that time, and he would pay a fine and costs of $7,905.

On the same day he pled guilty, and on a subsequent occasion, Hassebrock violated the one-year order of protection by approaching Petroski, according to the ARDC.

As a result, his probation was revoked and he faced jail time in St. Clair County and Montgomery County.

Hassebrock was licensed in 1991.

Economic conditions and other causes have led to 'huge domestic migration,' Illinois Policy Institute says

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CHICAGO – Population in the majority of Illinois' large cities is dramatically declining, according to newly released U.S. Census Bureau data, a trend the vice president of a conservative think tank called "very scary." 

"We are undergoing a huge domestic migration in the state," said Ted Dabrowski, vice president of policy at the Illinois Policy Institute, during a recent telephone interview.

U.S. Census Bureau data, which profiled growth and decline in U.S. cities with populations greater than 50,000 from July 2014 to July 2015, showed that 23 Illinois cities sustained declines. Of the 29 Illinois cities profiled over all, only six saw growth in their populations in that period.

Chicago's population declined by 2,890 during the 12-month period, the second worst in the nation. Chicago ranked behind Detroit, which sustained a population decline 3,107, according to the U.S. Census data.

In addition to Chicago, 22 other cities in Illinois with populations above 50,000 saw declines, according to the U.S. Census data. They were Wheaton, Joliet, Orland Park, Palatine, Arlington Heights, Tinley Park, Springfield, Schaumburg, Normal, Mouth Prospect, Waukegan, Hoffman Estates, Oak Lawn, Evanston, Skokie, Des Plaines, Rockford, Cicero, Bloomington, Berwyn, Peoria and Decatur.

Six cities in the state with populations above 50,000 that grew during that time period were Champaign, Elgin, Naperville, Oak Park, Bolingbrook and Aurora.

Belleville and Edwardsville, the two largest cities in the Metro East, both have populations below 50,000 and, so, were not included in the data.

Illinois is the odd-state out compared to its border states. Populations increased in the majority of large cities in Indiana, Missouri, Iowa, Kentucky and Wisconsin, according to the U.S. Census data.

Statewide, Illinois' population shrank by 22,000 from July 2014 to July 2015, a population loss driven by outmigration to other states, Dabrowski said.

Dabrowski cited a number of reasons for the decline is Illinois' largest cities, including high taxes, poorly delivered state services and the state's overall poor recovery from the recession.

"These numbers are a very scary signal," Dabrowski said. "People have choices, they don't have to stay and endure these conditions. If they can find an opportunity elsewhere, they will go.

Dabrowski also co-authored the Illinois Policy Institute report, "Pensions vs Higher Education", released earlier this year, with Institute Policy Analyst John Klingner. That report cited ever-increasing higher education administrator salaries and overhead, in addition to steep pension costs, that have resulted in the a doubling in tuition rates in the state over the past decade. That in turn has made a college education too expensive for many low- and middle-income students in Illinois and likely has done its part in making the state a less attractive place to live, Dabrowski said.

The Illinois Police Institute recently issued press releases on the dramatic population decline in the state, one here and the other here.

Should the trend continue, Houston, which showed the second-largest increase among U.S. major cities considered in the U.S. Census data, could in the next decade surpass Chicago as the nation's third-largest city.

The Illinois Policy Institute, in a press release, recommends a number of steps to reverse that trend, including workers’ compensation reform, "right-to-work" policies, lawsuit reform, a property-tax freeze and overhauling the state’s licensing and regulatory apparatus.

Other measures recommended by the institute include consolidating the state's 7,000 units of government, repealing the state constitution’s pension-protection clause, exempting public projects from prevailing-wage requirements, and allowing local governments to change collective bargaining agreements.

"Furthermore, Illinois municipalities should have the ability to file bankruptcy. It would be less disruptive for municipalities to obtain authority to restructure debt through bankruptcy now, rather than in the midst of a full-blown crisis," the institute press release said.

"Illinois’ stark out-migration problem demands attention from the General Assembly, and a policy agenda that will help industrial towns grow and heavily indebted towns to lower their costs and restructure their debts through the bankruptcy process."

Illinois has become a national punch line.

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Chief Executive Magazine just came out with a report ranking Illinois the third worst state in the nation for business. One CEO remarked, “Illinois continues to tax heavily and politicians continue to destroy opportunities for employees and businesses. It’s a terrible combination, which leads to the exodus we see in both families and businesses.”

WalletHub.com recently ranked Illinois the worst taxed state in the country. According to the report Illinois has the highest combination of state and local taxes in the country.

The result is people are leaving Illinois in droves. According to a report last January from United Van Lines, the Land of Lincoln was third on the list of states people are leaving. Only New York and New Jersey ranked higher on this list.

It is time to change course. The state Chief Executive Magazine recognizes as the state with the best climate for business is Texas. The secret for the success in Texas? Former Governor Rick Perry said, “Our formula for success is simple, keep taxes low, implement smart regulations, provide an educated workforce and stop lawsuit abuse at the courthouse.”

We know what works and what does not work. The Illinois way of ignoring lawsuit reform, doubling down on tax increases and the over regulation of businesses is driving jobs and opportunities away from Illinois. The 6.6 percent unemployment rate in Illinois is tied for the worst unemployment rate in the nation.

The inaction on lawsuit reform is costing us jobs and opportunities. According to the recently released 2015 Lawsuit Climate Survey, conducted by Harris Poll, Illinois ranks near the bottom of the nation in terms of its lawsuit environment – 48th worst of the 50 states. More than 75 percent of the business leaders surveyed by Harris Poll for this report said lawsuit climate is a “significant factor” in determining where to expand and grow. Illinois needs jobs – not more lawsuits.

The solution is lawsuit reform. Governor Bruce Rauner has proposed common sense lawsuit reform legislation that includes a proposal that will stop personal injury lawyers from shopping around for the friendliest court jurisdiction, even if the lawsuit has nothing to do with that jurisdiction. This practice, often called ‘venue shopping,’ is all too common in Illinois.

It is just common sense to require lawsuits filed in Illinois to have an actual connection to Illinois, and yet in one Illinois county, more than 90 percent of the asbestos lawsuits filed there are for plaintiffs who do not live in that county.

The evidence is clear. Illinois lawmakers need to embrace the reforms Governor Rauner has proposed. Lawsuit reform needs to be part of any budget solution. We cannot afford to continue to ignore the need for lawsuit reform in Illinois.

Do we want Illinois to continue to eventually become the worst state for business or do we want to see Illinois become a destination for jobs and opportunities?

If we keep the same course, Illinois will become the highest taxed state and the worst state for business. This is the ultimate destination of the current policies in Springfield. But if we change course, enact meaningful lawsuit reforms we can and will turn Illinois around.

Illinoisans should contact their legislators and ask them if they will stand with the personal injury lawyers, who are the only ones who profit from this unfair system, or the small businesses and individual citizens who are far too frequently targets of unfair frivolous lawsuits and are made to pay for personal injury lawyer greed.

Illinois needs lawsuit reform now.

Travis Akin is Executive Director of Illinois Lawsuit Abuse Watch.

High court agrees to hear Union Pacific's 'sole cause' defense appeal; Fifth District had overturned verdict for railroad

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The Illinois Supreme Court has agreed to hear the appeal of Union Pacific Railroad which seeks relief from an appellate court ruling that reversed a jury verdict in its favor.

The case involves railroad worker Christopher Wardwell who had been rear-ended by a drunk driver while he was being transported in a van from a rail yard to a train in 2008.

Jurors in St. Clair County Circuit Judge Vincent Lopinot's court in November 2013 ruled for Union Pacific in Wardwell's Federal Employers' Liability Act (FELA) case.

After Lopinot denied Wardwell's post trial motions; Wardwell appealed to the Fifth District Appellate Court. In a split decision, the appellate court found for Wardwell, who argued that under provisions of FELA the railroad did not have the right to introduce evidence that a non-railroad third party - a drunk driver - was the sole and proximate cause of the accident.

Justice Richard Goldenhersh wrote the majority opinion published Jan. 13; Justice Bruce Stewart concurred.

Goldenhersh pointed to circumstantial evidence Wardwell introduced regarding the driver's failure to check the van's rear-view mirror or check a blind spot before moving from the left lane of southbound Route 3 in Columbia to the right lane where the collision occurred.

At trial, it had been stipulated that professional driver Regeania Goodwin was the agent of Union Pacific, and that Union Pacific was responsible for Goodwin's conduct concerning the accident.

It also was stipulated that the driver who caused the accident, Erin Behnken, was intoxicated at the time at 5:16 a.m. on Aug. 9, 2008, and had admittedly "blacked out" or had fallen asleep at the wheel just before impact.

"In an (sic) FELA action, our determination is narrowly limited to the single inquiry of whether the conclusion may reasonably be drawn that the employer's negligence played any part at all in the injury," Goldenhersh wrote. "The employee's burden is met when proof is adduced, even though entirely circumstantial, from which a jury may reasonably make this inference.

"Given our determination that the jury could have reasonably concluded that defendant was negligent, at least in part, regarding the collision in question, we find the trial court erred in permitting defendant's sole-cause defense. A nonrailroad third party's alleged negligence is inadmissible when evidence is presented, albeit entirely circumstantial, that the railroad contributed to the injury. Here, plaintiff has met this burden."

In sharp dissent, Justice Randy Moore found that the evidence presented at trial was sufficient to sustain the jury's verdict.

He agreed that under FELA, if a plaintiff's injury is caused at least in part by the railroad, then the railroad is 100 percent responsible, regardless of whether third parties are partially at fault.

However, Moore pointed to a difference between apportioning fault between joint tortfeasors and finding no liability on the part of the railroad because another party was the sole cause of plaintiff's injury.

"I find nothing in the law that stands for the proposition set forth by the majority, that the mere production of testimony that could be construed by a jury as evidence of the negligence of the railroad precludes the railroad from putting forth additional evidence in the case, and a jury from considering, that a third party was the sole cause of the injury," Moore wrote.

"Such a holding compromises the role of the jury in FELA cases."

Wardwell was represented by Mark DuPont of Bigfork, Mon. at trial and on appeal.

Union Pacific was represented by Thomas Jones and Harlan Harla of Thompson Coburn in Belleville.

One of the biggest disputes at trial was how long Goodwin was in the right lane of Route 3 from the time she moved her van from its left lane. The length of time the van was in the right lane before impact was relevant to defendant's negligence concerning the accident.

At the scene, Goodwin wrote in police report forms that she had been in the right lane more than two minutes before the collision; at trial she testified it was 20 seconds. Wardwell testified it was only one or two seconds.

Moore wrote that once the jury resolved the contested issue of how long the van was in the right lane before it was rear-ended, he found there was "plenty" of evidence to support the jury's decision that Goodwin did not cause the injury - even in part.

"..[T]here was conflicting evidence as to how long after the van changed lanes that it was hit from behind," Moore wrote. "These are the types of conflicts that the jury was empanelled to resolve, and the jury in this case resolved them in favor of the railroad. I find no basis to disturb the jury's determination that any alleged negligence on the part of an agent of the railroad was not a cause of the plaintiff's injury."

He wrote that even Wardwell told police and the railroad that the accident was caused by a drunk driver, and that, furthermore, that Goodwin was alert and attentive, and he never saw her violating any rules of the road.

Wardwell has claimed that Union Pacific failed to provide him with a safe place to work and failed to require its managers not to place employees in vans on the road after 10 p.m. and before 6 a.m. to avoid an accident with an intoxicated driver.

After the accident, he claims he lost wages because he went from being a switchman, brakeman and conductor on freight trains, to being a security guard.

He and two other passengers were being driven from Dupo to a train in Chester when the accident occurred.

Insurer fights request for $100,000

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EAST ST. LOUIS — An insurer is suing John Beck, Joyce Beck, Stephen Beck and Lisa Beck, New York residents, seeking to deny a request for $100,000 in underinsured motorist coverage.

Auto-Owners Insurance Company filed a complaint on May 17 in U.S. District Court for the Southern District of Illinois against the defendants.

According to the complaint, the plaintiff is prepared to pay the defendants an undisputed $200,000, but asserts it does not owe an additional $100,000.

The plaintiff requests a trial by jury and seeks declaration that the maximum owed to defendants under the policy is $200,000 and a declaration that payment of $200,000 satisfies all obligations owed under the policy. It is represented by Jeffrrey T. Reel of Lewis Brisbois Bisgaard & Smith LLP in Edwardsville.

U.S. District Court for the Southern District of Illinois case number 555-DRH-PMF

Widow claims asbestos exposure led to death

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BELLEVILLE — A widow is suing Ameron International Corp., Armstrong International, Inc., Aurora Pump Co. and multiple other companies, alleging negligence, fraudulent misrepresentation and other counts in connection with asbestos exposure.

Jody Shaffer, individually and as special administrator of the estate of Charles Shaffer, deceased, filed a complaint on May 3 in St. Clair County Circuit Court against the defendants, alleging that they failed to exercise ordinary care and caution for the safety of decedent.

According to the complaint, the plaintiff alleges that decedent Charles Shaffer was exposed to and inhaled asbestos fibers, causing him to develop lung cancer, which ultimately led to his death on June 8, 2014. The plaintiff holds the defendants responsible because they allegedly included asbestos fibers in their products when defendants knew or should have known that said asbestos fibers are toxic and poisonous, failed to provide adequate instructions and warnings, and failed to conduct test on the asbestos containing products manufactured.

The plaintiff requests a trial by jury and seeks judgment in her favor in a sum in excess of $50,000, punitive damages and such other relief that the court may deem appropriate. She is represented by Randy L. Gori and Barry Julian of Gori, Julian & Associates PC in Edwardsville.

St. Clair County Circuit Court case number 16L244

Medical facility accused of safety shortcoming

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EDWARDSVILLE — An estate executor is suing Alton Memorial Hospital, d/b/a Eunice Smith Home, a medical facility, citing negligence and alleging that insufficient measures were taken to prevent injuries.

Rita M. Nugent, executor of the estate of Christina Fillop, filed a complaint on May 18 in Madison County Circuit Court against Alton Memorial Hospital, d/b/a Eunice Smith Home, alleging that the medical facility failed to take safety precaution while assisting plaintiff Christina Fillop.

According to the complaint, the plaintiff alleges that, on July 4, 2015, Christina Fillop suffered a fracture on her right leg when it was caught in the wheel of her wheelchair. The plaintiff holds Alton Memorial Hospital, d/b/a Eunice Smith Home, responsible because the defendant allegedly failed to supervise their employees as to make sure that their clients were well taken care of.

The plaintiff seeks judgment against the defendant for a sum in excess of $50,000 plus court cost and any further relief as the court sees fit. She is represented by Robert H. Gregory of Law Office of Robert H. Gregory in East Alton.

Madison County Circuit Court case number 16L690


Bicyclist says sidewalk defect led to injuries

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Illinois resident accuses The Village of Glen Carbon of negligence

Madison County — An individual is suing The Village of Glen Carbon, a local government, citing alleged insufficient measures were taken to prevent injuries and negligence.

Stanley Obrecht, Jr. filed a complaint on May 18, in the Madison County Circuit Court against The Village of Glen Carbon alleging that the local government failed to warn plaintiff of the dangerous condition of the sidewalk.

According to the complaint, the plaintiff alleges that, in May 26, 2015, he suffered injuries while riding his bicycle when it's front tire collided with an uneven pavement on the sidewalk. The plaintiff holds The Village of Glen Carbon responsible because the defendant allegedly failed to put a warning sign for the uneven pavement on the sidewalk that could cause an accident.

The plaintiff requests a trial by jury and seeks judgment against the defendant, all damages, $50,000 plus court cost and any further relief this court sees fit. He is represented by Todd W. Sivia of Sivia Business & Legal Services, P.C. in Edwardsville and Reiad M. Khouri of Khouri Law Firm, LLC in St. Louis.

Madison County Circuit Court case number 16L689

Motorist says negligence led to collision that caused injuries

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EDWARDSVILLE — A motorist is suing another driver, claiming that negligence led to a collision that caused injuries.

Tannaben B. Patel filed a complaint on May 20 in Madison County Circuit Court against Alyssa L. Dewitt, alleging that she failed to properly control her car, causing it to strike the plaintiff's vehicle.

According to the complaint, the plaintiff alleges that, on June 16, 2014, she suffered severe injuries on her body. The plaintiff holds Alyssa L. Dewitt responsible because the defendant allegedly failed to keep a proper lookout and control her vehicle.

The plaintiff requests a trial by jury and seeks judgment against the defendant in an amount in excess of $50,000 plus court costs and any further relief as the court sees fit. Patel is represented by Ronald J. Foster Jr. of Walton Telken Foster, LLC in Edwardsville.

Madison County Circuit Court case number 16L696

Ford's personal jurisdiction appeal in Madison County asbestos case will go to Fifth District; Supreme Court orders it so

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The Fifth District Appellate Court has been ordered to hear Ford Motor Co.'s appeal on whether Madison County has personal jurisdiction over the Michigan-based auto maker in an asbestos case brought by Florida plaintiffs.

On Wednesday, the Illinois Supreme Court issued a supervisory order directing the lower court to hear the appeal in the case of Dale and Irene Jeffs who sued last year on mesothelioma claims. Dale Jeffs, now deceased, had worked as an insulator for various contractors at various sites from 1968-1995, including time at Ford’s plant in Michigan.

The plaintiffs are represented by the Maune firm in St. Louis.

Ford, represented by attorneys at the Greensfelder firm in Belleville, moved to dismiss last June, arguing that there is no alleged Illinois exposure occurring during Jeffs' time working for Ford.

Associate Judge Stephen Stobbs denied Ford's motion last November, relying on a statement made by the company to the Illinois Supreme Court expressing its substantial contacts with the state.

Ford sought leave to appeal Stobbs' decision, but a three member panel of Justices - Melissa Chapman, Bruce Stewart and Judy Cates - denied Ford's petition on Feb. 10.

The case will now return to the Fifth District for arguments.

Background

In Stobbs' order denying Ford's personal jurisdiction motion to dismiss, he noted a Supreme Court brief filed in Folta v. Ferro Engineering, which stated:

“Ford is one of the world’s leading automotive manufacturers. Ford manufactures and assembles automobiles across six continents and provides related products and services. Ford conducts substantial business in Illinois and operates as assembly plant in Chicago that manufactures several vehicles, including the Taurus, MKS, Police Interceptor, and Explorer. Ford employs over 4,000 people at the Chicago Assembly Plant. In the past five years, Ford has invested over half a billion dollars in its business operations in Illinois.”

Stobbs concluded that Ford “has availed itself of the protection of the Illinois Courts and the benefits of Illinois law and by its own admission conducts substantial, not de minimus, business in Illinois.

“Ford’s contacts with the State of Illinois are substantial, therefore significantly more than the minimum contacts required by federal due process standards.”

Ford cited a U.S. Supreme Court decision in the Daimler case, arguing that there is no basis to exercise general personal jurisdiction in Illinois for the case at hand.

In Daimler, the court held that “’a court may assert jurisdiction over a foreign corporation to hear any and all claims against [it] only when the corporation’s affiliations with the State in which suit is brought are so constant and pervasive as to render [it] essentially ‘at home’ in that forum State.’”

Ford’s principal place of business is in Michigan and its state of incorporation is Delaware.

Ford also argued that the plaintiff’s reliance on personal jurisdiction by consent, pursuant to the Illinois Business Corporation Act, is misplaced.

Stobbs was unconvinced.

He held that while Ford’s corporate offices are in Michigan, it has a certificate of authority to conduct business in Illinois, owns property in Illinois, has authorized dealers in Illinois, employs people in Illinois and maintains a registered agent to accept service of process in Illinois.

He wrote that Ford voluntarily conducts regular business in Illinois and has done so since 1922. The defendant has also litigated numerous cases in this state, including other asbestos cases in Madison County, without objecting to personal jurisdiction.

“Considering all the factors, the Court finds that Plaintiff has met her burden of establishing jurisdiction over this Defendant and that the exercise of jurisdiction, in this case, is not inconsistent with notions of fair play and substantial justice, the fundamental consideration in finding constitutional jurisdiction,” Stobbs concluded.

Madison County Circuit Court case number 15-L-533

First Clover Leaf stockholders claim $90 million deal is inadequate; Class action filed in Madison County

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Stockholders of Edwardsville-based First Clover Leaf Bank have filed a proposed class action against the company's board of directors over their recent decision to be acquired by Mattoon-based First Mid-Illinois.

Lead plaintiff Jonathan Raul brought the suit May 20 in Madison County Circuit Court; Wood River attorney Tom Maag and Granite City attorney Joshua Lifshitz represent plaintiffs.

Board members allegedly breached their fiduciary duties because the deal to sell to First Mid-Illinois, announced April 26, resulted in an "inadequate" price and a "grossly unfair" merger process. The cash and stock transaction is valued at approximately $90 million, the suit claims.

Defendants include First Clover Leaf president and CEO Dave Kuhl, as well as board chairman Gerard Schuetzenhofer and board members Kenneth Highlander, Gary Niebur, Dennis Terry, Mary Westerhold, Joseph Gugger, Mona Best Haberer and Joseph Stevens. The banks are also named in the suit.

The suit claims the deal provides that shareholders may elect to receive either a .495 share of First Mid-Illinois common stock per share of First Clover Leaf common stock or $12.87 in cash per share of First Clover common stock - "subject to proration such that 25 percent of First Clover shares will be exchanged for cash and 75 percent for First Mid-Illinois stock."

"The agreed upon consideration is inadequate in light of First Clover's intrinsic value and stand-alone alternatives going forward," the suit claims.

It further states that First Clover Leaf had been performing well and "was poised for success."

The suit cites an April 28 article in Capital Cube that states the bank is "undervalued," and has done better than its overall peer group.

Plaintiffs claim that board members compounded their alleged breaches by agreeing to deal protections that unreasonably favor First Mid-Illinois, and which preclude other bidders from making successful competing offers.

Defendants allegedly agreed to:

-a strict no-solicitation provision that prevents First Clover Leaf from providing confidential information to or even communicating with potential competing bidders except under extremely limited circumstances;

-a provision that provides First Mid-Illinois with three business days to match any competing proposal in the event one is made;

-information rights that require First Clover Leaf to share highly sensitive information about potential competing proposals with First Mid-Illinois; and

-a provision that requires First Clover Leaf to pay First Mid-Illinois a termination fee of $3.6 million in order to enter into a transaction with a superior bidder.

"These provisions substantially and improperly limit the Board's ability to act with respect to investigating and pursuing superior proposals and alternatives including a sale of all or part of First Clover," the suit states. "The preclusive effect of these deal protection provisions thus exacerbates and aggravates the Board's utter failure to value-maximizing pre-agreement market check or auction process."

Plaintiffs seek to enjoin the vote on the proposed transaction, or in the event the deal is consummated, recover damages resulting from the defendants' alleged breaches of fiduciary duty.

Madison County Circuit Court case number 16-L-703.

Man says doctor missed fracture dislocation

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PINCKNEYVILLE — A man is suing a doctor for allegedly failing to diagnose a fracture dislocation of his ankle, claiming negligence.

Lawrence H. Szczepanski Jr. filed a complaint on May 17 in Perry County Circuit Court against Benjamin Rathert, M.D., alleging that the physician failed to properly assess the plaintiff's condition.

According to the complaint, the plaintiff alleges that after a fall on Feb. 3, 2014, he went for follow-up care a week later to Rathert, whose purported negligence the plaintiff blames for further injuries to his leg and ankle, including a requirment for surgery and further medical expenses.

The plaintiff seeks judgment against the defendant for a sum in excess of $50,000 plus court costs. He is represented by Daniel R. Price of Wham & Wham Attorneys in Centralia.

Perry County Circuit Court case number 3:16-cv-00554-MJR-PMF

Pit bull owners accused of negligence

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EDWARDSVILLE — A man is suing four people, alleging negligence in connection with a dog attack.

James K. Johnson filed a complaint on May 23 in Madison County Circuit Court against Brian Sawyer, Kathy Sawyer, Stacy Vinson and Ronald Thompson, alleging that the pit bull owners allegedly failed to properly train their canine.

According to the complaint, the plaintiff alleges that, on April 22, he was attacked by a pit bull owned by the defendants, causing him severe bodily injury and scarring. As a result, he will continue to suffer pain and suffering and incur medical expenses, the suit says. The plaintiff holds Brian Sawyer, Kathy Sawyer, Stacy Vinson and Ronald Thompson responsible because the defendants allegedly negligently allowed their pit bull to attack him.

The plaintiff requests a trial by jury and seeks judgement against defendants in an amount in excess of $50,000, plus costs of this suit. He is represented by Lanny Darr of Darr Law Offices Ltd. in Alton.

Madison County Circuit Court case number 16L701

Woman blame motorist for high-speed crash

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BELLEVILLE — A woman is suing a motorist for allegedly slamming into her vehicle while making an illegal turn, citing negligence.

Monica Dawson filed a complaint on May 5 in St. Clair County Circuit Court against Clyde C. Coleman, alleging that the defendant didn't properly control his vehicle.

According to the complaint, the plaintiff alleges that on April 28, 2015, her vehicle was struck head-on at high speed in Belleville, causing her to suffer acute, permanent injury to her right ankle that required multiple surgeries and external fixation. She also suffered emotional injury, mental anguish and anxiety and incurred past and future medical expenses, the suit says. The plaintiff holds Clyde C. Coleman responsible because the defendant allegedly failed to yield, made an improper left turn and lane change, drove at high speed and failed to maintain proper lookout.

The plaintiff requests a trial by jury and seeks judgment against defendant in an amount in excess of $50,000. She is represented by Patrick Kennedy Bader of Brown & Crouppen PC in St. Louis .

St. Clair County Circuit Court case number 16L260


Woman says motorist ran red light

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BELLEVILLE — A woman is suing a driver, alleging negligence and reckless conduct and claiming that insufficient measures were taken to prevent injuries.

Kim Watson filed a complaint on May 11 in St. Clair County Circuit Court against George Komora, alleging that the defendant failed to maintain his vehicle under proper control.

According to the complaint, the plaintiff alleges that, on March 22, she was a passenger in a motor vehicle heading in a westerly direction on Illinois Highway 161 near the intersection of Fullerton Road, while defendant was operating a vehicle in an easterly direction on North Belt West near the intersection of Fullerton Road. While her vehicle was entering the intersection with a green light, it was struck by defendant who ran a red light, causing her to sustain injuries to her head, neck, back, fingers and body, the suit says. The plaintiff holds George Komora responsible because the defendant allegedly failed to obey a traffic control device, failed to stop on a red light and failed to keep proper lookout.

The plaintiff requests a trial by jury and seeks judgment against defendant in excess of $50,000. She is represented by Bruce R. Cook of Cook, Ysura, Bartholomew, Brauer & Shevlin Ltd. in Belleville.

St. Clair County Circuit Court case number 16L258

The most unbalanced budget in state history

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To the Editor:

The budget that passed in the Illinois House Wednesday is just the latest in Springfield’s long history of playing politics with our lives and livelihoods. Illinois families are hurting. We pay the highest property taxes in the nation. We face the highest unemployment rate in the nation. And every taxpayer is on the hook for $45,000 in state government debt. Rather than finding solutions to our problems, Mike Madigan and his party proposed increasing your taxes by $1,000. Rather than finding ways to improve services, they want you to bail out Chicago. Rather than reforming government they are taking more money from you to fund museums, lagoons, and tourism. We need new leadership in Springfield.

Families in Illinois have been hurt in a way they haven’t been hurt before. Our friends, relatives, and neighbors are fleeing Illinois for places where they can get a better quality of life at a lower cost. And this is why. People are frustrated with the political class. But, it is important we view government clearly. Far from being a “do nothing legislature,” state government raises and spends billions of dollars every year through intentional, lucid, coordinated and self-interested action.

Illinoisans are demanding change. They voted for Governor Rauner because they know Illinois needs a turnaround. Madigan sees this and is using sleight of hand to convince people that he isn’t the problem. Speaker Madigan and his veto-proof majority caucus will never stop working to sustain the bureaucracy and strategies they have devised – in broad daylight – to ensure that the means and devices of government remain firmly under their control. There is only one way to change the way Illinois state legislature operates: change out Illinois state legislators.

Illinois Opportunity Project
Chicago

Illinois tax payers cannot afford state public sector pay, Illinois Policy Institute says

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CHICAGO – Illinois state government employees are the highest paid in the nation - after factoring cost-of-living adjustments between states - and tax payers just can't afford that, the vice president of a think tank said during a recent interview.

Illinois state public sector pay is outpacing salaries in the private sector, in large part because of union representation, Ted Dabrowski, vice president of policy at the Illinois Policy Institute, said.

The median salary for a worker represented by American Federation of State, County and Municipal Employees (AFSCME) increased more than 40 percent from 2005 to 2014, to more than $62,800 in that last year, Dabrowski said.

Meanwhile, private sector pay in the state has remained flat, Dabrowski said.

AFSCME-represented employee salaries grew three times faster than did the pay of private sector workers earnings over the past decade, according to a recent institute press release.

"And the private sector pays for and maintains the public sector," Dabrowski said. "That is having a negative effect on the state's economy."

AFSCME is the largest and fastest growing public services employee union in the U.S. with more than 1.6 million working and retired members, according to the union's website. AFSCME did not respond to a request for comment.

For many of the details he provided, Dabrowski pointed to a recently issued Illinois Policy Institute report, "Cadillac benefits: Illinois state workers highest paid in nation", as well as another institute report, "The anatomy of influence: Government unions in Illinois", released in February of 2015.

Both cited campaign finance reports from 2002 to 2014 and concluded the state's five major government unions spent a combined $46 million in political campaigns during that time.

The amount contributed by unions in Illinois politics is only part of a circular pattern that has existed in Illinois a long time and helps keep unions strong and union worker salaries high, Dabrowski said.

"There's a lot of back scratching going on," he said.

Taxpayers pick up the tab for 77 percent of AFSCME represented workers health insurance plans, which amounts to about $14,880 per employee, he said. State government retirees with 20 years of service also are eligible for free retiree health insurance after working for the state for 20 years and receive state-funded pensions.

“AFSCME claims its ‘middle-class’ salaries and benefits are under attack, but the numbers say otherwise," Dabrowski was quoted in the press release.

"Not only do state workers in Illinois make more than the private-sector workers who pay their salaries, the average pay for state workers in Illinois is out of step with their peers in the other 49 states. Illinois taxpayers simply cannot afford the contract AFSCME is fighting for, and it is wrong to ask everyone to pay more so that a mere .5 percent of the workforce can get another round of raises and benefit increases.”

Watchdog says GOP lawmakers will call for Mautino's resignation

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Illinois Auditor General Frank Mautino is currently facing a federal investigation after questions arose over his campaign spending during his 24-year tenure as a Democratic member of the Illinois House of Representatives.

An investigation by the Illinois State Board of Elections launched last January—three weeks after Mautino assumed office—called into question more than $200,000 of Mautino’s campaign expenses that included money spent on gas, vehicle repairs, parking, pizza, and travel reimbursements. The investigation also revealed campaign workers hired at the Spring Valley Bank, as well as loan payments to the bank that exceeded the loans that were taken out.

“You name it, he did it,” Kirk Allen, co-founder of Edgar County Watchdogs, told the Record. “He was still raising and spending campaign money after he had been selected as auditor general.”

Republican state legislators sent Freedom of Information Act (FOIA) requests to the Office of Auditor General on Feb. 9 and Feb. 15 asking Mautino for answers to the questionable spending and got no response. 

Earlier this month, a third letter was sent to Mautino seeking compliance, without a response.

On May 17, a FOIA lawsuit was filed by Allen against Mautino in the 5th Judicial Circuit Court in Edgar County.

“He is refusing to answer any legislative questions,” said Allen. “We are going to hold him accountable. He thought it was all going to go away.”

Allen says that Mautino did try to argue with the State Board of Elections. 

“Somebody filed a complaint over campaign law violations against him and he tried to tell the state board it didn’t have any authority because the campaign is now closed,” said Allen. “The board rejected that—it has full authority over campaign expenditures whether the campaign is open or closed. They have given Mautino until July 1 to answer accordingly.”

Allen said that Mautino’s spokesperson confirmed that Mautino is cooperating the U.S. Attorney’ office in a federal investigation, adding that Mautino and his campaign workers are under federal grand jury subpoenas.

Allen expects GOP legislators will hold a press conference soon to ask Mautino to resign.

“When you a have the top watchdog in the state—the guy that’s supposed to be holding all state agencies accountable to legal spending—breaking the campaign laws, that’s a problem,” he said.

Legislators need to recognize strong public support and move on property tax freeze, advocate says

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SPRINGFIELD – A bill to freeze property taxes likely won't pass in the waning days of this legislative session, but a reform advocate believes that eventually some measure will pass.  

"I think one can get poor by betting on anything in Springfield, especially when it is the end of session," Americans For Prosperity Illinois State Director David From said in an email interview with the Record. "But, I think there is some recognition by both parties that there is overwhelming public demand for our elected leaders to address the problem of ever-increasing property taxes. If HB 696 is not the vehicle by which they do that, I think there is still the possibility that it could be part of a larger end-of-session deal."

HB 696 would freeze property taxes in non-home-rule units of Illinois state government by eliminating a provision of the Property Tax Extension Limitation Law that allows taxing bodies to implement annual tax increases. Currently, the law allows for an extension limitation annual escalator of 5 percent of the Consumer Price Index. HB 696 would reset that percentage to zero.

The bill has been in the Senate Executive Subcommittee on Special Issues since May 4 and now faces a deadline of Tuesday - the last day of regular session.

The bill's predecessor, HB 695, which would have implemented a statewide property tax freeze in all taxing bodies, was defeated last month. HB 696 excludes all home-rule communities, including Chicago, Naperville and Peoria, from the proposed property tax freeze.

"Legislation that does not exclude home rule communities would be ideal, but also demands a super-majority for passage," From said. "The municipal portion of most taxpayers’ property tax bill is quite small, usually 5 to 7 percent. So HB 696 still accomplishes the main goal of stopping the continued increase in property taxes."

HB 696 also would cover property taxes levied by all local taxing bodies with the exception of the tax levied by the home rule unit of government.

"Bottom line, this bill would still have the effect of freezing the vast majority of property taxes levied by local government entities, even for residents of home-rule communities," he said. "We would also like to see collective bargaining and prevailing wage reform included as part of property tax freeze legislation so that local governments can have some tools to better manage costs. However, we think the freeze is the most important priority."

Americans for Prosperity's Illinois branch this past spring intensified its efforts to gain support for a property tax freeze. In April, it launched an online ad, criticizing lawmakers hesitant to pass a property tax freeze. The branch also released results of a survey that said 80 percent or more residents in many state legislative districts favored a property tax freeze. The same survey also said voters polled were more likely to vote against a legislator who failed to support a property tax freeze.

Last week, the group issued a press release calling on state legislators "to get serious about helping middle class Illinoisans by passing a property tax freeze and limiting government spending."

"We, AFP, don’t see this as a partisan bill primarily because it passed the House with 37 Democrat and 34 Republican votes and achieved a super-majority," From said.

HB 696's sponsors in the Senate are Senator and President of the Senate John J. Cullerton (D - 6th District), Sen. Laura M. Murphy (D - 28th District), Sen. Melinda Bush (D - 31st District) and Sen. Julie A. Morrison (D - 29th District).

The bill also seems to have strong support among Republican state senators. However, that bipartisan support for the bill may be unraveling, From said.

"As we understand it currently, Senate President Cullerton is stopping the bill from being called in the Senate," From said. "But there is plenty of support for the legislation on both sides of the aisle. The Democrat leadership in the Senate has the opportunity to move this forward, but so far have not."

It's time lawmakers took up that challenge, From said.

"There has been a lot of talk from the Democrat leadership citing the middle class and what is best for them," he said. "I truly believe this is one of the most impactful proposals when it comes to middle class Illinoisans that the legislature can act on right now. Property taxes are consuming more income for families, while driving away businesses and jobs. Our state has the second-highest property tax burden in the nation and our politicians need to do something to change that fact. If our leaders really want to help the middle class, rather than just talk about it, they should pass a property tax freeze."
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