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Schnuck's says customer injured at East St. Louis store should have case heard in St. Clair Co.

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Schnuck Markets will argue its motion to dismiss a personal injury suit based on forum non conveniens in Madison County Circuit Judge William Mudge's court at 1 p.m. on June 16.

Belleville attorney Beth Kamp Veath of Brown and James wrote for Schnuck's that public interest factors favor transfer to St. Clair County, as the alleged incident took place at an East St. Louis store.

"It would be unfai to impose the burden and expense of this litigation on Madison County, which has no connection to the controversy," she wrote.

Lawrence Butler filed suit last December claiming injuries after falling on ice in the store's parking lot.

Butler's attorney, Lanny Darr of Alton, also named Hank's Excavating and Landscaping, which was hired to keep the parking lot clear of ice and snow.

Darr also amended the complaint to add building owners or operators JJGK Realty Corp. and State Street Shopping Center.

The defendants have pending a number of counter claims against one another.

According to Butler's complaint, he was grocery shopping at the Schnuck Market at 2511 E. State St. in East St. Louis on Jan. 27, 2014. After leaving the store, he claims he slipped on ice that had allegedly accumulated due to improper shoveling and plowing or improper chemical treatment of the parking lot.

As a result of fall, the plaintiff allegedly incurred pain and disability, accumulated ongoing medical expenses, and has lost wages and expects to continue to do so in the future.

Butler seeks at least $50,000 from each defendant plus court costs and attorney fees.

Hanks Excavating and Landscaping is represented by Mark Osland of St. Louis.

State Street Shopping Center is represented by Beth Boggs of St. Louis.

Madison County Circuit Court case number 15-L-1551

Mautino pleads the fifth; askes State Board of Elections for more time to provide campaign details

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Following months of intense scrutiny and public outcry over his reluctance to answer questions about his suspicious campaign reporting, Illinois Auditor General Frank Mautino invoked his Fifth Amendment right to remain silent to avoid incriminating himself amid an ongoing federal investigation.

On June 1, Mautino’s attorney, Tony Jacob, asked the State Board of Elections to give Mautino more time to respond to the board’s questions about his campaign spending while the federal investigation continues.

Last month, the board gave Mautino up to July 1 to amend his campaign reports.

The Edgar County Watchdogs, a self-appointed government watchdog group that has called out mayors, board chairmen and state's attorneys since 2010, says Mautino’s request should not only be denied, but the Auditor General should step down altogether.

“He should resign immediately as the people of this state will never trust him as our Auditor General knowing he chose to stay silent to avoid self-incrimination on civil matters that could potentially lead to criminal charges,” the watchdog group wrote on its website. “It was revealed several weeks ago that he is cooperating with the U.S. Attorney’s criminal investigation. If he does not plead the Fifth with the U.S. Attorney that may imply he is providing information that may point to other political figures wrongdoing.”

A cloud of suspicion has loomed over the former state Representative since January, when Mautino’s disclosure reports showed extravagant spending — over $200,000 — on gas and vehicle repairs over the span of 11 years to Happy’s Super Service in Spring Valley, which is Mautino’s hometown.

Edgar County Watchdogs quantified the amount to be $213,338.31. Also raising eyebrows were over $200,000 in irregular payments to Spring Valley City Bank, prompting the State Board of Elections to launch an investigation into the matter.

According to WebTimes, the board’s general counsel is recommending that the board grant Mautino’s request, which does not sit well with the watchdog group.

“May I suggest Gov. Rauner take any and all possible steps to replace any State Board of Elections Board members that votes to postpone the case and also push for a replacement legal counsel for that board,” the group wrote. “The reason is simple. If the U.S. Attorney wanted those hearings delayed they would have informed them of such. In addition, for the legal counsel to claim there is no urgency is a slap in the face to every citizen in this state.”

The Auditor General is tasked with auditing the use of the state’s public funds and reports findings and recommendations to the General Assembly and  governor.

The state conducted a nationwide search to replace former Auditor General William Holland, who retired last December after 23 years of service. During his tenure, Holland earned a reputation for serving the state in a nonpartisan and precise manner.

Mautino had served as State Representative for 24 years, including 15 years as a co-chairman of the Legislative Audit Commission, when a legislative panel recommended him to oversee how tax dollars are spent as Auditor General. The Legislative Audit Committee voted 11-1in favor of Mautino, the former co-chair of the panel.

Legislators in both parties supported Mautino — the Senate approved his nomination by a 55-0 vote, and the House, 102-10. He began serving as auditor general on Jan.1.

Mautino was chosen over three other finalists: Mary Modelski, a division chief for Internal Audit for Alameda County, California; Elaine Nekritz, D-Northbrook, a chief negotiator on pension issues; and Larry Sanders, general counsel for the Rend Lake Conservancy District.

Given the fragile condition of the state, and the fact that citizens of Illinois are struggling to trust elected and appointed officials, the board’s investigation into Mautino “should be dealt with the utmost urgency,” the watchdog group asserted. “Short of the U.S. Attorney sending a request to delay, the State Board of Elections should hold Frank Mautino’s feet to the fire, on schedule, just like any other person in this state!”

The board will make a decision on Mautino’s request in its meeting next Monday.

Insurer seeks court declaration about coverage

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EAST ST. LOUIS — An insurance firm is suing Christone Enterprises Inc., an Illinois corporation leasing and managing property in Belleville, and the West Virginia-based owners of the property, Ray H. Lewis and Alihah M. Lewis, seeking a declaration that a policy does not cover a claim asserted by the Lewises in St. Clair County Circuit Court.

Owners Insurance Company filed a complaint on June 8 in the U.S. District Court for the Southern District of Illinois against the defendants, alleging that Owners Insurance Company suffered damages as a result of claims the Lewises made against a policy held by Christone. The plaintiff claims the policy does not provide coverage for those damages.

The plaintiff seeks judgment against the defendant with a declaration that the policy does not cover the damages claimed to the property and any further relief as this court sees fit. It is represented by Daniel R. Price of Wham & Wham Lawyers in Centralia.

U.S. District Court for the Southern District of Illinois case number 3:16-cv-00621-SMY-SCW

Company says software providers breached contract

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EAST ST. LOUIS — An Illinois corporation is suing Sunago Systems LLC, Parcelshield LLC and Scott Knight, two Oregon companies and their owner, citing alleged breach of contract and failure to deliver a purchased product.

Dawson Group Inc. filed a complaint on June 9 in the U.S. District Court for the Southern District of Illinois against the defendants, alleging that they claim they own software the plaintiff paid them to develop.

According to the complaint, the plaintiff alleges that Dawson Group Inc. suffered damages to its business resulting in the loss of customers and revenue as well as monetary damages for paying to develop a software that could help its business but to which its access was shut off. The plaintiff holds the defendants responsible because they allegedly entered into an oral contract agreement with the plaintiff to develop a cloud-based system, but upon completion of the software, the defendant said the plaintiff needed to pay a non-exclusive license fee plus a royalty fee. The plaintiff refused, the suit says, and so the defendant completely shut off the plaintiff's access to the software, which is now being offered on the defendants' website.

The plaintiff requests a trial by jury and seeks to permanently enjoin the defendant from marketing the software, an order to provide the plaintiff all copies of the software, compensatory damages of not less than $250,000, damages equal to all profits damages suffered by plaintiff, all court costs, punitive damage not less than $1 million, and any further relief as this court sees fit. It is represented by Michael Schroer of Lewis Brisbois Bisgaard & Smith LLP in Edwardsville and Bryan P. Sugar of Lewis Brisbois Bisgaard & Smith LLP in Chicago.

U.S. District Court for the Southern District of Illinois case number 3:16-cv-00623

Licensed practical nurse sues employer, labor union

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EAST ST. LOUIS — A licensed practical nurse is suing Murray Development Center and the American Federation of State, County, and Municipal Employees, an employer and labor union, citing alleged wrongful termination and breach of duty of fair representation.

Julia Vaughn filed a complaint on June 9 in the U.S. District Court for the Southern District of Illinois against the defendants, alleging violation of the Family and Medical Leave Act and breach of duty.

According to the complaint, the plaintiff alleges that, in January 2015, she was struck by an autistic patient, causing her to sustain fractures to three vertebrae in her neck. Her injuries required her to file FMLA benefits, the suit says, also alleging that she was subjected to retaliation for exercising her rights under the FMLA and was terminated from employment on August 15, 2015. The plaintiff holds Murray Development Center and the American Federation of State, County, and Municipal Employees responsible because the first defendant allegedly terminated her employment in retaliation for her taking leave under FMLA and the second defendant allegedly refused to pursue her grievance.

The plaintiff requests a trial by jury and seeks compensation for lost wages, punitive damages, pre-judgment interest, attorneys' fees and costs and such other relief as the court deems just and proper. She is represented by Lawrence P. Kaplan and Susan Kister of Kaplan Associates LLC in St. Louis.

U.S. District Court for the Southern District of Illinois case number 3:16-cv-00624

Pharmaceutical company accused of breaching duty

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EAST ST. LOUIS — A minor child and friend are suing Abbott Laboratories Inc., a pharmaceutical company, citing alleged breach of express and implied warranties, concealment and misrepresentation.

J.G., a minor by and through Michelle Cowin-Gantz, individually and as next friend of J.G., filed a complaint on June 8 in the U.S. District Court for the Southern District of Illinois against Abbott Laboratories Inc., alleging that the pharmaceutical company allegedly breached its duty through negligent acts or omissions.

According to the complaint, the plaintiffs allege that J.G. suffered injuries as a result of the mother's ingestion of Depakote during her pregnancy. The injured child was born with a major heart defect and will continue to suffer permanent injury, physical and mental pain, loss of normal life and economic damages, the suit says. The plaintiffs holds Abbott Laboratories Inc. responsible because the defendant allegedly defectively designed and manufactured and inadequately tested the drug; lacked proper warnings as to the true danger of using Depakote; and refused to communicate the true nature and extent of the risk of using it.

The plaintiffs request a trial by jury and seek judgment against the defendant in excess of the jurisdictional requisite for damages, costs of this suit and any other relief that will fairly and adequately compensate their damages. They are represented by Avram Blair of Avram Blair & Associates PC in Houston.

U.S. District Court for the Southern District of Illinois case number 3:16-cv-00619

Former Gov. Edgar's 'compromise' pension plan led to Illinois fiscal crisis

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In Illinois, the idea of “compromise” has become synonymous with “passing the buck.”

Whether it was former governors Jim Edgar, George Ryan, Rod Blagojevich or Pat Quinn, politicians always seem to have ended up striking deals with House Speaker Mike Madigan that avoided real pension and spending reforms. Their compromises – more debt, skipped pension contributions, and pushing off bill payments – accelerated Illinois toward the financial crisis that it finds itself in today.

Perhaps the best example of that Illinois-style compromise – and its failure – is the once-praised Edgar ramp.

In 1994, Edgar spearheaded a bipartisan pension bill he claimed would solve the state’s then-$15 billion pension deficit. The basic setup? Drastically reduce pension payments at the plan’s onset and then steadily increase payments in the future.

“We had a time bomb in our retirement system that was going to go off in the first part of the 21st century,” Edgar told The State Journal-Register in 1994. “This legislation defuses that time bomb.”

In reality, all the Edgar ramp did was pass the growing pension crisis from one governor to the next.

That’s because Edgar’s plan didn’t structurally reform pensions. Instead, it created a 50-year repayment schedule that saved Illinois politicians from making hard decisions. The ramp kept the state’s pension contributions artificially low in the first 15 years while pushing the state’s pension obligations far off into the future – all in the hope that later legislatures would fix the pension problem.

Now, there are those who would argue that the ramp was the best bipartisan deal that was politically tenable at the time, but this argument misses the point.

The truth is that Edgar – and Madigan – passed on making hard choices and enacting real reform. Instead, they created an unrealistic 50-year plan that made the pension crisis progressively worse for each future governor.

For proof of the ramp’s failure, look at what the Securities and Exchange Commission said about the ramp in its 2013 indictment of the state of Illinois for securities fraud.

“The statutory plan structurally underfunded the state’s pension obligations and backloaded the majority of pension contributions far into the future. This structure imposed significant stress on the pension systems and the state’s ability to meet its competing obligations – a condition that worsened over time.”

Edgar’s pension ramp was the result of compromise – and an abrogation of responsibility. It demanded that later governors make the hard spending choices that Edgar and Madigan refused to make in 1994.

By avoiding real reform in favor of a bipartisan plan that absolved both parties from having to make difficult decisions, Edgar paved the way for two decades of pension politics that wreaked havoc on Illinois’s finances and created a $111 billion pension debt.

Edgar’s precedent enabled Blagojevich and Quinn to operate from the same “pass the buck” playbook. They borrowed, taxed and delayed pension payments to stave off dealing with the ever-growing crisis. And Madigan – with the consent of government-worker unions – “compromised” on every one of those plans.

Blagojevich ended up borrowing $10 billion to fund pensions and passed a “pension holiday” that reduced the state’s contributions. Both of these actions hurt retirees and taxpayers alike. By the time Blagojevich left office, the state’s pension debt had grown to $78 billion, five times higher than when Edgar passed his ramp.

Quinn did more of the same. He worked with Madigan and the General Assembly to borrow $7.2 billion more to pay for pensions. And when borrowing didn’t work, lawmakers passed the massive 2011 income-tax hike that sucked more than $31 billion from taxpayers, of which 90 percent went to pay for pensions.

Those actions of borrowing, taxing and pension holidays failed miserably in fixing the pension crisis. The state’s pension shortfall stood at $111 billion in 2015 – seven times higher than when Edgar passed his pension bill – despite taxpayers contributing $16.4 billion more to the five state-run pension systems than required under the Edgar plan.

Unfortunately for struggling Illinoisans, the state’s pension crisis continues to grow – all because of Illinois-style compromise.

Putting an end to compromise as usual

Illinois doesn’t need bad budgets in the name of compromise.

They’ve done nothing but create misery for ordinary Illinoisans trying to make ends meet under the nation’s worst jobs recovery and the nation’s highest property tax burden. Illinoisans have watched as manufacturing jobs and residents leave the state in record numbers.

Illinoisans can’t afford that kind of compromise anymore.

The state’s financial crisis will continue to grow until politicians are brave enough to stop the bleeding – and that means structurally overhauling Illinois’ spending habits, not prolonging the problem.

Capes Sokol creates trusts and estates practice group; Hires attorneys Muhm and Adams

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Capes Sokol of St. Louis announced the opening of its trusts and estates practice group with the hiring of attorneys Harvard W. Muhm and Lisa M. Adams, formerly with Muhm & Reilly, a boutique private wealth planning law firm.

Muhm, who has more than two decades of experience working with high-net-worth clients, will lead the new practice group.

Jeffrey A. Cohen, managing shareholder of Capes Sokol, said Muhm and Adams "bring a dynamic skill set to our new Trusts and Estates practice group. Their extensive experience with estate planning will significantly augment the firm’s ability to serve our clients’ needs.”

The group will advise clients regarding estate planning and taxation; projects will range from relatively simple planning to complex intergenerational, international structures designed to achieve income and transfer tax savings.

“Capes Sokol brings our clients a much greater depth of expertise,” said Muhm.

“Our practices are complementary, and the capabilities of Capes Sokol will benefit all of our clients enormously. We are very attracted to the firm’s collaborative approach to service – we are ‘all in’ for all our clients. And while the practice areas of the attorneys in this firm will expand our competencies, we will still be able to provide practical and economical results with excellent service.”

Muhm earned his master of laws in taxation from Washington University School of Law in 1995, his juris doctorate from the University Of Missouri School of Law in 1994 and his bachelor’s degree in political science from Trinity University in 1991. Muhm is admitted to the Missouri Bar and is licensed to practice in the U.S. Tax Court. He is a member of the American Bar Association, the Missouri Bar Association and the Bar Association of Metropolitan St. Louis.

Muhm has been listed in Best Lawyers in the Trusts and Estates Practice category since 2011. In addition to his active practice, Muhm served on the board of directors of Big Brothers Big Sisters of Eastern Missouri and the board of directors of Craft Alliance, on which he served in an executive capacity from 2003-2006.

Adams also comes from an estate planning background as a principal with Muhm & Reilly and began her career working in real estate and corporate law.

Adams earned her master of laws in taxation from Boston University in 2000, her juris doctorate from the University of Missouri School of Law in 1999 and her bachelor’s degree in English from the University of Missouri-Columbia in 1996. She is admitted to the Kansas, Massachusetts and Missouri bars.

Attorney Sharon Stolte joins Sandberg Phoenix in Kansas City

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Attorney Sharon Stolte has joined Sandberg Phoenix as a new counsel in the firm’s growing Kansas City office.

In addition to her legal work focusing on bankruptcy, Chapter 11 debtor and creditor issues, as well as Chapter 7 and Chapter 13 consumer debtor matters, Stolte has represented creditors in all aspects of creditor rights litigation, claim objection litigation, collateral realization, mechanic liens, collections, foreclosures and replevin litigation.

She has also assisted financial institutions, lenders and large suppliers with consumer and commercial restructuring of troubled credits and other business matters. Representing clients before both state and federal courts, she has served as national counsel for several Kansas City-based construction industry firms.

“Sharon is a tremendous attorney,” said Sandberg Phoenix managing partner John Sandberg, “And her experience, knowledge and guidance will be invaluable to our clients in both Kansas City and St. Louis. We’re very proud to have her join our team.”

In addition to her legal practice, Stolte is an active member of the Kansas City community, serving as president of the Kansas Premier Soccer League and on the board of directors of the Heartland Soccer Association, where she oversees the management of six soccer teams.

She also is involved in her congregation and serves as the chairperson of the Hope Lutheran Board of Education. Stolte lives in Kansas City with her husband, former professional soccer player Tommy Howell, and their three children.

Her office is located at Sandberg Phoenix’s new space at 4600 Madison Ave. in the Country Club Plaza neighborhood in Kansas City.

Mike Madigan's proposed state budget is 'simply embarrassing'

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It's so basic. Get an estimate. Look it over. Approve or reject it, in whole or in part, based on your finances and the need for the services offered.


Say it's your car and you're getting a tune-up. The mechanic tells you there are half a dozen other things you ought to have done as well, if you want your car to last and run properly, but the estimated total for this deluxe treatment is several hundred dollars, which is more than you can handle at the moment.


The obvious questions, then, are how much more can you afford to spend now and which, if any, of the additional  recommended repairs are absolutely essential and cannot safely be put off until later when money's less tight?


You won't stand for an estimate that's not broken down into component parts. Unless it's itemized, you have no way of understanding exactly what's being proposed and how much of it you want to authorize.


Nor do you tolerate items with vague or mystifying descriptions. If you don't know what the mechanic's talking about, how can you give the go-ahead?


Another thing you don't tolerate is getting a multipage estimate and being told you have only minutes to look it over and make up your mind.


Again, this is so basic, and everybody understands it and operates accordingly – except for shady operators like Mike Madigan and his minions, who gave state representatives less than three hours to read his 500-page proposed budget with a $7 billion deficit built in. Yes, $7 billion!


Republican Rep. Dwight Kay of Glen Carbon challenged Majority Leader Barbara Flynn Currie to justify some of the items.

After six minutes of lame responses, Kay concluded: “It's pretty obvious you've never run a business. You've never had to account for money and debt has no impact on you whatsoever, especially when it has to do with taxpayer funds…. This is simply embarrassing.”

So it is.

Drug companies accused of concealing dangers

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EAST ST. LOUIS — A proposed administratrix of a deceased man's estate is suing Bristol-Myers Squibb Company and Pfizer Inc., citing alleged negligence, design defect, failure to warn, product liability and breach of express warranty.

Katheen Odum, as proposed administratrix of the estate of Oliver Becker, deceased, filed a complaint on June 10 in U.S. District Court for the Southern District of Illinois against the pharmaceutical companies, alleging that they violated the Consumer Protection Law.

According to the complaint, the plaintiff alleges that  Becker was prescribed with Eliquis from January 2014 until his death on June 12, 2014. As a result of using Eliquis, he suffered severe physical pain and personal injuries, emotional injuries, medical expenses and internal bleeding which ultimately lead to his death, the suit says. The plaintiff holds Bristol-Myers Squibb Company and Pfizer Inc. responsible because the defendants allegedly designed, researched, manufactured, tested, advertised, promoted, marketed, sold and distributed Eliquis, while concealing theirs knowledge of Eliquis’ defects from the public and the medical community and failing to disclose that there is no means to reverse the anticoagulation effects of Eliquis.

The plaintiff requests a trial by jury and seeks judgment against the defendants in an amount that exceeds the jurisdictional limits of the court together with interest, costs and the disbursements of this action. She is represented by Eric D. Jackstadt of Napoli Shkolnik PLLC in Edwardsville.

U.S. District Court for the Southern District of Illinois case number 3:16-cv-00630

Musial bridge worker’s reverse discrimination suit settles

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Builders of the Stan Musial Bridge, facing trial on a suit claiming they fired crane oiler Terry Deets because of his white skin, chose to settle with him instead.

His lawyer, John Singer of Chicago, filed notice of voluntary dismissal in U.S. district court on June 2.

Earlier this year, Seventh Circuit appellate judges in Chicago ruled that Deets deserved a trial.

They reversed District Judge Nancy Rosenstengel, who had granted summary judgment to Massman Construction, Traylor Brothers, and Alberici Constructors.

The companies built the bridge in a joint venture.

Deets’s union referred him to the project in 2012, and he started working that May.

Project superintendent John Todt laid him off in July.

According to Deets, Todt said, “My minority numbers aren’t right. I’m supposed to have 13.9 percent minorities on this job and I’ve only got 8 percent.”

His pier superintendent told him he was “sorry to hear about this minority thing,” court records show.

Todt replaced Deets with a minority person.

Deets rotated through short term assignments the rest of the year, and the builders terminated him in December.

He sued them in 2013, claiming they laid him off for no other reason than to create a position for an individual based on their minority status. He sought back pay, front pay, lost benefits, compensatory damages and punitive damages.

Rosenstengel set trial in February 2015, but granted summary judgment to the builders in January 2015.

She wrote that in order to accept Deets’s view, “we must assume that Todt is referring to Deets’s termination and not to the practicality of his hiring.”

Todt’s statement were “entirely consistent with a response to Deets’s concern about further work,” she wrote.

Rosenstengel found nothing suspicious in any reference to minority numbers, given the affirmative action obligations of the builders.

She wrote that if minority numbers were low, a minority worker had to be requested from the union.

Seventh Circuit Chief Justice Diane Wood and Justices Ann Williams and Richard Posner reversed her this February.

“Based on Todt’s statement, it does not take any inference to conclude that Deets was laid off because he was not a minority,” Williams wrote.

“That race was the factor that led to Deets’s termination is clear on the face of Todt’s statement.

“We are puzzled by the district court’s conclusion that Todt’s statement related directly to his decision not to rehire Deets rather than his decision to terminate Deets.”

In March, Rosenstengel ordered the builders to notify her promptly as to their decision to pursue a writ at the U. S. Supreme Court.

In May, she set trial for Aug. 30.

After Deets moved to dismiss the suit, Rosenstengel wrote that she would dismiss it and retain jurisdiction over the settlement.

 

Crowder installed as treasurer of IJA for '16-'17 term

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Madison County Circuit Court Judge Barbara Crowder started a one-year term as treasurer of the Illinois Judges Association (IJA) following installation of a new slate of officers for 2016-2017 on June 3.

Crowder told the Record that she was “honored to have been nominated and elected as an officer of the organization.”

She said she has been active in the IJA for many years and has served four three-year terms on the association’s board of directors.

“Being elected treasurer of the Illinois Judges Association means the members of the association recognize my commitment to its goals and my willingness to work with the other officers to assist our members in educating the public and students on the importance of an independent judiciary that administers justice fairly,” Crowder said. 

Crowder said the treasurer works with the IJA executive director by signing checks, overseeing IJA accounts and working with the budget committee on fiscal policy for the association.

During the recent installation of officers, Cook County Associate Judge Israel A. Desierto was installed as president of IJA. Desierto currently presides over civil matters at the Daley Center. 

As a member of the Illinois Judge’s Foundation, he coordinated a program involving educating student detainees at the Cook County Jail Counsuela York Alternative High School.

Desierto also is a member of the Asian American Bar Association and the Filipino American Bar Association. He has served on the board of the Diversity Scholarship Foundation and the Asian American Bar Foundation. He continues to serve as an adjunct professor at IIT/Chicago-Kent College of Law.

Other officers recently installed include first vice president John P. Coady of Taylorville, second vice president James E. Snyder of Cook County, third vice president Margaret J. Mullen of Lake County and secretary Diane M. Shelley of Cook County.

The IJA consists of approximately 1,250 current and retired Illinois state court judges. The organization supports professional development and judicial education programs. 

“We have specific programs to help educate the public and students about the court system, including civics in the classroom for junior high and high school,” Crowder said. “Judges go to schools, invite classrooms to the courthouse, and are available as speakers in the community with the assistance of program materials developed by the Illinois Judges Association.”

Crowder received her bachelor’s degree in speech communications in 1978 and her law degree in 1981, both from the University of Illinois in Urbana-Champaign. She served as an assistant state’s attorney in Madison County until opening Madison County’s first all-women law firm with Stephanie Robbins and Gail Donnelly Bader from 1985 to 1988. She then practiced with her husband at Crowder & Taliana from 1988 until she was appointed as an associate judge.

Crowder was sworn in as an associate judge in January 1999, and then ran and was elected as a circuit judge in the Third Judicial Circuit in 2006. She was retained by the voters in 2012.


Seventh Circuit: Gilbert’s senior status on federal bench allows service on court and as SIU trustee

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CHICAGO – U.S. District Judge Phil Gilbert would have had to to resign in order to accept an appointment as trustee of Southern Illinois University if not for his senior status, according to Seventh Circuit appellate judges. 

They disqualified Gilbert from all cases involving Illinois state government in May, but did not force him to choose between the court and the university. 

“Judge Gilbert need not resign from the bench, or from the state governmental body, but may hold both positions,” they wrote. 

“Senior judges are different because they are entitled to hear fewer cases than active judges, and they are also entitled, in most if not all districts, to limit which cases they hear by subject matter or the identity of the litigant.” 

Some senior judges avoid criminal cases and some opt out of suits against the commissioner of Social Security, they wrote, and it is within a senior judge’s prerogative to avoid cases involving state litigants by reducing his caseload. 

“A judge with the privilege of both cutting back on workload and excluding selected categories of litigants cannot be thought to be engaged in misconduct by taking an appointment that will lead to the exclusion of a single category of litigant,” they wrote. 

Their decision resulted in Gilbert transferring 134 cases to Reagan and district judges Nancy Rosenstengel and Staci Yandle, who transferred 96 to him. 

The judges mostly exchanged prisoner suits, with Gilbert losing those from state prisons while gaining those from federal prisons and county jails. 

Gov. Bruce Rauner appointed Gilbert to the university board in February 2015. 

Gilbert asked the board to insulate him from all legal issues, and he left the room when trustees evaluated those issues. 

He instructed the district court clerk not to assign to him any litigation by or against the university, and to transfer such cases on his docket to other judges. 

In April 2015, Chief U.S. District Judge Michael Reagan decided he would conduct a remittance of disqualification hearing in all cases involving the university. 

Reagan wrote that if parties remitted disqualification, a case would be randomly assigned to a district judge excluding Gilbert. 

If parties did not remit disqualification, he would ask Seventh Circuit Chief Judge Diane Wood to assign a judge from another district. 

Reagan’s plan began to collapse in July, at a remittance hearing in a suit that former student Nicholas Hess filed over his expulsion from the university. 

Gilbert had recused himself at the outset of the case, in 2014. 

Reagan assigned it to Yandle, who set trial to start last Sept. 21. 

At the remittance hearing Reagan told Hess’s lawyer, Darrell Dunham of Carbondale, to choose between disqualification and remittance. 

Dunham chose neither, and said he might complain to the Seventh Circuit. 

Reagan gave him a week to file a motion, and in six days Dunham moved to shift the choice to Gilbert. 

Dunham wrote that no litigant should be asked to waive a judge’s duty to follow the judicial canon of ethics. 

He quoted a canon that, “A judge should not serve if it is likely that the organization will either be engaged in proceedings that would normally come before the judge or be regularly engaged in adversary proceedings in any court.” 

Dunham wrote that the case had been assigned to Yandle for months and that months would be lost if an election was made to reassign the case. 

He wrote that if the case settled, university trustees would approve the settlement, and that if Hess succeeded in the trial court, the trustees would likely have to approve any decision to appeal. 

He explained that he made the motion so Gilbert could make him aware of any precedent that permitted an order requiring Hess to make the election. 

On Aug. 24, Seventh Circuit Chief Judge Wood assigned the case to District Judge Larry McKinney of Indianapolis, also on senior status. 

Next day, McKinney delayed trial for four months. 

In September, he denied Dunham’s motion for an order on Gilbert. 

McKinney wrote that Gilbert’s immediate recusal cured any potential conflict of interest, appearance of impropriety, or question of impartiality. 

In December, McKinney granted summary judgment to the university. 

Hess appealed to the Seventh Circuit, where the case remains pending. 

At some point, Hess filed a complaint against Gilbert there. 

Wood decided that Gilbert hadn’t violated the canon Dunham quoted, but that there might be a problem under another canon. 

It provides that a judge may accept a government appointment only on condition that it concerns the law, the legal system, or the administration of justice. 

Wood found that according to advisory opinion 44 of the committee on codes of conduct, public colleges and universities didn’t satisfy that condition. 

She asked a former conduct committee member for advice, and the former member said service on a public university’s board was incompatible with the canon. 

Wood told Gilbert she had concerns, and he said he satisfied the condition in the canon because the university has a law school. 

He asked her to appoint a committee to report to the circuit’s judicial council, and she appointed a committee with Circuit Judge Frank Easterbrook as chairman. 

At a hearing, someone asked Gilbert if he was willing to cease hearing all cases by and against the state or its employees. 

He said he was willing and maybe even happy to do so, and that closed the case. 

On May 4, the committee recommended that the council dismiss the complaint on the ground that Gilbert promised to take effective corrective action. 

They excused him but didn’t exonerate him. 

“It is unfortunate that he did not consult the committee on codes of conduct before accepting the governor’s offer,” they wrote. 

They rejected his argument that advisory opinion 44 allows service where a university has a law school. 

“A university’s law school is a small part of a university’s operations,” they wrote. 

They wrote that limiting disqualification to suits involving the university was inadequate because the board administers public funds. 

“This makes a member of its board a fiduciary for the State of Illinois as a whole,” they wrote. 

They wrote that any suit that affects state finances could indirectly affect the finances available to universities. 

“The special committee believes that reasonable, well informed observers would conclude that a judge who is also a fiduciary for the state as a whole should not play any part in litigation to which the state or any of its employees is a party,” they wrote. 

They found Gilbert acted transparently, in good faith, with the best intentions; that his willingness to serve the university was admirable; that his grandfather was a professor there and that his father was chairman of the Senate education committee that secured the funds to turn a small teacher’s college into a full fledged university.

Madison County foreclosures June 3-10

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JUNE 3, 2016

DITEH FINANCIAL V. HEIRS OF TINA L. ECONOMY, $54,200.00, 2157 WOODLAWN AVE., GRANITE CITY. 16-CH-346
FEDERAL NATIONAL MORTGAGE V. JAMES R. AND DEANA J. DOUGHERTY, $126,190.53, 15 WHITE LILY DR., COLLINSVILLE. 16-CH-347

JUNE 6, 2016

FIRST GUARANTY MORTGAGE V. GIANCARLO S. AND FRANCINE GIGLOTTO, $143,625.51, 412 CAMELOT DR., COLLINSVILLE. 16-CH-348
WELLS FARGO BANK V. REBECCA MELLOR, $112,053.09, 221 NORWOOD PL., E. ALTON. 16-CH-349
NATIONSTAR MORTGAGE V. YUKEITHA A. GARDNER, $36,071.79, 1005 IOWA ST., MADISON. 16-CH-350

JUNE 7, 2016

THE BANK OF NEW YORK MELLON V. MELISSA A. AND WILLIAM SCOTT WADLOW, $95,088.73, 446 N. CENTER ST., COLLINSVILLE. 16-CH-351
OCWEN LOAN SERVICING V. STEVEN E. AND JACQUELINE M. BALLARD, $559,951.65, 5555 SUGAR LOAF RD., COLLINSVILLE. 16-CH-352
US BANK V. ANGELO AND TINA BOUKAS, $34,881.83, 3200 HUMBERT ST., ALTON. 16-CH-353
DITECH FINANCIAL V. ANTHONY W. AND SHANNON M. WHITEHEAD, $74,644.70, 315 E. WOODLAND ST., WOOD RIVER. 16-CH-354

JUNE 9, 2016

NATIONAL BANK V. JAMES D. II AND ANGELA R. EBERHART, $15,176.44, 51 W. ACTON AVE., WOOD RIVER. 16-CH-355
NATIONSTAR MORTGAGE V. JOHN A. AND MALISSA A. HARTMAN, $35,896.87, 2825 RALPH ST., GRANITE CITY. 16-CH-356

JUNE 10, 2016

WILMINGTON SAVINGS FUND SOCIETY V. NEIL AND JEANNE SHERMAN, $70,721.38, 560 N. 1ST ST., WOOD RIVER. 16-CH-357
WELLS FARGO BANK V. SUSAN C. AND RANDAL MILES, $86,551.67, 1998 LEMONTREE CT., COLLINSVILLE. 16-CH-358
CARRINGTON MORTGAGE V. BRAD GREENWOOD, $79,544.97, 5705 SIR GALAHAD LN., GODFREY. 16-CH-359
US BANK V. MIRJANA TOSIC-DIXON, $82,948.49, 1926 TERRACE DR., ALTON 16-CH-360
REGIONS BANK V. DALE FORGUSON, $39,808.97, 1624 MORO AVE., GRANITE CITY. 16-CH-361

St. Clair County foreclosures June 1-8

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JUNE 1, 2016

WELLS FARGO BANK V. JAMES E. NEWELL, $40,256.92, 109 ARMAND DR., CAHOKIA. 16-CH-403

JUNE 2, 2016

BANK OF AMERICA V. SYLVESTER A. DONABY , $12,375.43, 5521 ADELAIDE PL., WASHINGTON PARK. 16-CH-384

JUNE 3, 2016

FEDERAL NATIONAL MORTGAGE V. KENNETH J. AND JERI L. SHACKELFORD, $58,352.00,107 S. HICKORY ST., SMITHTON. 16-CH-386

JUNE 6, 2016

US BANK V. KENNETH R. STOCK AND GRETCHEN D. STOCK, $178,017.99, 3001 BLACKWOOD DR., BELLEVILLE. 16-CH-387
THE BUSINESS BANK OF ST. LOUIS V. T. BOW INC. , $224,000.00, 213-215 PERRYMAN ST., LEBANON. 16-CH-388

JUNE 7, 2016

SUNTRUST MORTGAGE V. M. ANNETTE HUGHES, $51,029.52, 302 E. JEFFERSON ST., OFALLON. 16-CH-391

JUNE 8, 2016

FEDERAL NATIONAL MORTGAGE V. MICHAEL L. JONES, $92,527.99, 3312 BERWIN GREEN DR., BELLEVILLE. 16-CH-394

Madison County civil docket June 20-24

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Monday, June 20

9 a.m.

RODGERS ABBEY M V. HOLDENER KENDRA A
15-L-000051, MATOESIAN 351

REAVIS JACQUELINE V. PASSAGES HOSPICE LLC
13-L-001556, RUTH 311

WOOD DARYAN E V. AZIZ BILAL T
14-L-000962, RUTH 311

WENDLER ROSEMARIE C V. NISAR ABID O MD
14-L-000660, CROWDER 320


Friday, June 24

9 a.m.

WOODS SUSANNE E V. WOODS WAYNE
16-L-000436, CROWDER 320

SCHEFFEL FINANCIAL SERVICES IN V. HEIL STEPHEN J
13-L-001488, CROWDER 320

STARNES MICHAEL V. STEEL WORKS LLC
14-L-001041, CROWDER 320

MAYBERRY ROBERT V. HECK ARTHUR
15-L-000893, CROWDER 320

KINSEY SHANNON V. ABERT JERRY
16-L-000402, CROWDER 320

BYRNE DEBBIE V. SUPERIOR HOME BUILDERS INC
14-L-000537, CROWDER 320

FANCHER RICHARD V. BEST BUY #1426
15-L-001582, CROWDER 320

MCGREW BARBARA MORRISSEY AS NE V. BRADY MICHAEL
11-L-001020, CROWDER 320

COOL CITY LIGHTS LLC V. MIDWEST SUNRAY LIGHTING & SIGN
13-L-001816, CROWDER 320

SPARKS DENISE R V. SMITH GREGORY
16-L-000234, CROWDER 320

TAYLOR JAY D AS SPECIAL ADMINI V. WUELLNER ADAM J
16-L-000270, CROWDER 320

ELKINS JEFF SR. V. 3M COMPANY
11-L-000306, CROWDER 320

FLANNIGAN CHRISTINA V. BUBBY & SISSYS INC DBA BUBBY &
15-L-001666, CROWDER 320

CARRINGTON KIMBERLY SPEC ADM O V. ROWE DAVID E
15-L-000551, CROWDER 320

DEARLETH JAMIE V. WILSON KENNETH JR
15-L-000639, CROWDER 320

CAMELOT INVESTMENT COMPANY INC V. LIBERTY MUTUAL GROUP INC
14-L-000894, CROWDER 320

LAURENT EARLENE V. MEHRS/MISSOURI GOODWILL INDUST
14-L-000338, CROWDER 320

TRUMBLE LISA V. SHELL OIL COMPANY AKA SHELL OI
12-L-002083, CROWDER 320

TOMAN JOHN R V. PARK MARK INC
13-L-001953, CROWDER 320

BESSERMAN DEBORAH V. ROTH LAW OFFICES LLC
15-L-001377, CROWDER 320

CAMELOT INVESTMENT COMPANY INC V. LIBERTY MUTUAL GROUP INC
14-L-000894, CROWDER 320

TAYLOR JAY D AS SPECIAL ADMINI V. WUELLNER ADAM J
16-L-000270, CROWDER 320

MCGREW BARBARA MORRISSEY AS NE V. BRADY MICHAEL
11-L-001020, CROWDER 320

SMITH-HENKE DANIELLE V. VERDERBER ALYSE
13-L-001914, CROWDER 320

FUENTES PATRICIA V. ASSET MANAGEMENT SPECIALISTS I
13-L-001943, CROWDER 320

ALLEN AMY G V. BRANHAM SHAWN T
14-L-000669, CROWDER 320

TIPSWORD ALLAN V. SOUTHWESTERN ELECTRIC COOPERAT
12-L-000901, RUTH 311

PARENTE DOLORES V. GLEN CARBON DEVELOPMENT LLC
15-L-001163, RUTH 311

FIGUEROA MIROSLAWA N TRUST U/A V. JUSUFI FRANK AKA FETO JUSUFI
14-L-001311, RUTH 311

BODINET ANDREA N V. SCHOLL NANCY E
15-L-000184, RUTH 311

TENLLADO MARY V. BIGGS KATHLEEN M
15-L-001661, RUTH 311

RAYPHOLE CHARLES (INDIVIDUALLY V. NORFOLK SOUTHERN RAILWAY CO
16-L-000130, RUTH 311

BODINET ANDREA N V. SCHOLL NANCY E
15-L-000184, RUTH 311

BRADY BRIAN V. WELLS KIMBERLY
15-L-000636, RUTH 311

COTTRELL KENNETH V. LURKINS DALE IND/AS AGENT SERV
13-L-000018, RUTH 311

MAHLER SHAWN D V. INSTA-CREDIT AUTO MART, INC.
16-L-000408, RUTH 311

11 a.m.

HAWKINS DEBORAH A V. MOORE MARSHA RN
13-L-001363, CROWDER 320

False Claims Act case against K-Mart can proceed in SDIL; Tillery team represents plaintiffs

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CHICAGO – K-Mart can’t argue that customers in its pharmacy discount programs belonged to an organization that qualified for lower prices than the government paid, Seventh Circuit appellate judges ruled in a case from Southern Illinois. 

“We are given no reason to think that there was any meaningful selectivity for the people who joined K-Mart’s programs, and thus that they could be distinguished in any way from the general public,” Chief Judge Diane Wood wrote on May 27. 

“Few of K-Mart’s customers would consider themselves as belonging to a particular group or members of a particular organization just because they accepted K-Mart’s offer of a discount.” 

Wood called the discount programs a flimsy device to frustrate a requirement that pharmacies charge the usual and customary price to the government. 

Justices Frank Easterbrook and David Hamilton concurred. 

They affirmed U.S. District Judge Nancy Rosenstengel, who denied summary judgment to K-Mart but certified her decision for review. 

Plaintiff James Garbe, a former K-Mart pharmacist in Ohio, seeks 70 percent recovery for the U.S. government and 26 states under the False Claims Act. 

He seeks 30 percent for himself and his lawyers at Korein Tillery in St. Louis. 

California lawyers Erika Kelton and Larry Zoglin filed the suit in 2008, in the Central District of California. 

The court sealed the case while the government decided whether to intervene. 

The government declined intervention in 2010, and District Judge Jacqueline Nguyen unsealed the case. 

The government and K-Mart asked her to stay the case while negotiations continued, and she granted 180 days. 

The government and K-Mart held a settlement conference in 2011, and asked Nguyen to extend the stay. 

They told her, “The areas for potential disagreement are vast, but the parties are working together to identify where the real disputes lie.” 

K-Mart told her the data spanned 1,300 pharmacies in 46 states over four years, and that the volume of transactions exceeded 10 million. 

In 2012, Nguyen ordered reports on the procedural posture of the case and set a scheduling conference. 

Then she retired, and the case passed to District Judge Michael Fitzgerald. 

Two weeks later K-Mart moved to transfer the case to Southern Illinois. 

The motion connected Garbe’s suit to one that K-Mart pharmacist Michael Yarberry of Kentucky filed in Southern Illinois. 

Lawyers from Illinois, Texas and Ohio filed Yarberry’s suit in 2009, under seal, and the government declined intervention in 2011. 

Three weeks after K-Mart asked for Illinois, Yarberry moved to amend his Illinois complaint so he could allege kickbacks instead of overcharges. 

The distinction didn’t matter to Fitzgerald, who granted transfer in August 2012. 

“Even if Yarberry will focus on the alleged kickback scheme and not the alleged overcharging, the court agrees with K-Mart that a sufficient nexus nevertheless remains between the cases,” Fitzgerald wrote. 

He wrote that both actions alleged that K-Mart’s pharmacy business defrauded government health care programs. 

He also wrote that almost all witnesses lived in Illinois or elsewhere in the Midwest, and that most relevant records were in Illinois or Michigan. 

He wrote that four of seven witnesses K-Mart identified in initial disclosures for Garbe were also identified in initial disclosures for Yarberry. 

Fitzgerald predicted significant overlap throughout discovery if not on the merits;  he deferred to Southern Illinois judges on consolidation. 

Southern Illinois District Judge Michael Reagan, already presiding over Yarberry, took the Garbe case. 

On Oct. 4, 2012, Kelton and Zoglin represented Garbe by telephone in a scheduling conference with Magistrate Judge Philip Frazier. 

They chose to keep their distance. 

On Oct. 24, Aaron Zigler and Robert King of Korein Tillery entered appearances. 

Tillery entered an appearance that November. 

Christopher Hoffman of Korein Tillery later entered an appearance. 

When Rosenstengel joined the court, the Garbe assignment switched to her. 

She set trial for April 2015. 

Rosenstengel denied summary judgment to K-Mart in November 2014, certified her order to the Seventh Circuit in January 2015, and canceled the trial. 

She can resume planning the trial as soon as the mandate arrives from Chicago.

Man blames lost toe on negligence

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EDWARDSVILLE — A man is suing Geneve L. Wood, individually and as trustee of the Wood Trust and the Geneve Wood Trust, Wayne A. Mollet Auction Service and Wayne A. Mollet, a property owner and auctioneer, citing alleged failure to warn, negligence and insufficient measures taken to prevent injuries.

Jerry Keel filed a complaint on June 10 in Madison County Circuit Court against the defendants, alleging that they failed to keep a clean and safe environment.

According to the complaint, the plaintiff alleges that on Aug. 4, 2014, he was invited onto the defendants' property, and while he was walking into the barn, the defendants caused the power to be cut, causing all the light to turn off. As a result, he stepped on the metal prongs of a garden fork, causing him to suffer injuries to his right foot and subsequent infection, resulting in multiple surgeries and amputation of his middle toe, he alleges, adding that he incurred medical expenses and other out-of-pocket expenses. The plaintiff holds the defendatns responsible because the defendants allegedly placed a garden fork on the ground with the prongs facing upwards, failed to provide adequate lighting and failed to warn invitees of the placement of the garden fork.

The plaintiff requests a trial by jury and seeks judgment in his favor for an equitable amount of $50,000, together with the costs of this action. He is represented by John C. Webster of Williamson, Webster, Falb & Glisson in Alton.

Madison County Circuit Court case number 16L802

Former employee claims harassment at George Weber Chevrolet

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EDWARDSVILLE – A woman is suing George Weber Chevrolet Company, Julie Lewis and Kevin Lewis, alleging hostile work environment, harassment, retaliation and discrimination.

Alexandria Thompson filed a complaint on June 8 in Madison County Circuit Court against the defendants, alleging that they violated the Civil Rights Act and the Illinois Human Rights Act.

According to the complaint, the plaintiff alleges that she was subjected to sexual harassment by defendant Kevin Lewis in the form of inappropriate sexual comments, uninvited and unwanted touching and humiliation. As a result, she says, she has suffered and will continue to suffer emotional distress, mental anguish, pain and suffering, lost wages and lost benefits. The plaintiff holds the defendants responsible because they allegedly failed to take reasonable steps in preventing and remedying her complaint of harassment and discrimination and terminated her employment on Jan. 26, 2015 in retaliation for her reporting harassment, discrimination and hostile work environment.

The plaintiff requests a trial by jury and seeks judgment in her favor in an amount in excess of $50,000, cost of suit, pre-judgment interest and any other relief as the court deems just and proper. She is represented by Michael J. Brunton and Mary M. Stewart of Brunton Law Offices PC in Collinsville.

Madison County Circuit Court case number 16L794

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