Kempler & Co. Inc. filed a complaint on Sept. 28 in the Madison County Circuit Court against Midwest Biodiesel Products alleging that the biofuel provider failed to comply with a court order.

According to the complaint, the plaintiff alleges that on April 13, a judgment was entered in its favor in Florida in an amount of $123,336.80 with interest of $16.50 per diem. To date no payment has been collected, the suit states. The plaintiff holds Midwest Biodiesel Products responsible because the defendant allegedly failed to file an appeal and failed to make payment on the foreign judgment.

The plaintiff seeks judgment against defendant in an amount in excess of $123,336.80.

Madison County Circuit Court case number 16-L-1352

Nathan W. Davis filed a complaint on Sept. 27 in Madison County Circuit Court against Corey S. Wilkinson alleging negligence.

According to the complaint, the plaintiff alleges that on Oct. 1, 2014, he was operating a motor vehicle and was stopped in traffic on North Meridian Road when defendant drove his vehicle into the rear of plaintiff's vehicle. The incident allegedly caused plaintiff to sustain injuries that resulted in severe pain and suffering, lost wages and medical expenses. The plaintiff holds Wilkinson responsible because the defendant allegedly failed to keep proper lookout, operated his vehicle at a speed greater than reasonable and failed to timely reduce speed to avoid an accident.

The plaintiff requests a trial by jury and seeks judgment against defendant of more than $50,000. He is represented by Kurt M. Koepke of Koepke & Hiltabrand in Springfield.

Madison County Circuit Court case number 16-L-1351

Julia A. Luketich filed a complaint on Sept. 23 in the Madison County Circuit Court against Marcus L. Korsmeyer alleging negligence.

According to the complaint, the plaintiff alleges that on Aug. 10, 2015, she was operating her vehicle on Interstate 55 when the defendant caused his vehicle to strike another vehicle, which crashed into her vehicle, causing her to suffer great pain, mental anguish, loss of earning capacity and medical expenses. The plaintiff holds Korsmeyer responsible because the defendant allegedly drove while distracted, failed to keep proper lookout, failed to timely apply brakes and recklessly drove his vehicle.

The plaintiff seeks judgment against defendant in a sum in of more than $50,000, costs of this action and other remedy that the court deems appropriate. She is represented by Gregory M. Tobin of Pratt & Tobin PC in East Alton.

Madison County Circuit Court case number 16-L-1342

Caroline Hale filed a complaint on Sept. 26 in the Madison County Circuit Court against Glenhaven Gardens of Alton LLC, doing business as Evergreen Senior Living, and Heritage Enterprises Inc. alleging negligence.

According to the complaint, the plaintiff alleges that on Sept. 26, 2014, she was on the premises of defendants' property as a guest of a resident when she tripped and fell because of an uneven carpet in the hallway of the second floor common area. She alleges this incident caused damages to her, including physical injuries to her right arm, shoulder and body, that resulted to disability and loss of a normal life and substantial medical bills.

The plaintiff holds Glenhaven Gardens of Alton LLC, doing business as Evergreen Senior Living, and Heritage Enterprises Inc. responsible because the defendants allegedly failed to inspect the hallway and premises, failed to maintain its property in a reasonably safe manner and failed to warn plaintiff and others of the dangerous condition of the area.

The plaintiff requests a trial by jury and seeks judgment in her favor, damages of more than $50,000, costs of suit and further relief as the court may deem just. She is represented by Michael R. Wesley of Law Office of Michael R. Wesley LLC in Wood River.

Madison County Circuit Court case number 16-L-1353

Plaintiffs suing over claims linking talcum powder to ovarian cancer failed in a bid to consolidate the cases in federal court in southern Illinois.

Nearly a dozen cases will be transferred to federal court in New Jersey, the home of a number of defendants, including Johnson & Johnson, the Judicial Panel on Multidistrict Litigation (MDL) ruled Tuesday.

Nine of the plaintiffs wanted the cases sent to the U.S. District Court for the Southern District of Illinois, while others suing argued for them to be dealt with individually.

Don Barrett, attorney for one of the plaintiffs, argued that the “the Southern District of Illinois is the transportation hub of the country” with various hotels and restaurants, according to a report in the journal Law360.

J&J and other defendants asked for the cases to be consolidated in New Jersey, or in the Western District of Oklahoma. The defendants argued that a case is pending in Oklahoma, and that its current case load would allow it to handle the MDL.

Apart from Johnson & Johnson, the other defendants are Sanofi US, Imerys Talc, Valeant Pharmaceuticals and Chattem.

The plaintiffs claim products such as Johnson & Johnson Baby Powder, Shower to Shower and Gold Bond caused ovarian cancer.

State courts in St. Louis delivered two major verdicts against J&J this year, including a $72 million award.

Travis Akin, executive director of Illinois Lawsuit Abuse Watch, said he is not sure why some of the plaintiffs wanted to consolidate the cases in southern Illinois.

But he said that “perhaps a motivating factor” might be because of the “close proximity” to St. Louis. “Juries are going to tend to be the same,” Akin told the Record.

He added, “I do not know that the federal court here in southern Illinois is necessarily pro-plaintiff or pro-defendant. In general federal courts tend to do their job.”

However, Akin said he is not surprised the lawyers wanted the cases heard in southern Illinois, even if it is federal court.

Madison and St. Clair counties have consistently been declared “judicial hellholes” by the American Tort Reform Association, which accuses those courts of being over friendly to plaintiff lawyers, particularly in class actions.

More generally, Akin said of the talc litigation that the “science in these cases is iffy to say the least.”

“A cottage industry has grown up to go after Johnson & Johnson, even though there is no direct link between talc use and ovarian cancer,” Akin argued. “Attorneys are going all out to find people to file these lawsuits.”

In arguments over where the MDL should be heard, attorneys for some of the plaintiffs wanted to keep them individualized, arguing some of the women have less than “a couple of years” to live.

“The only ways women such as this get their day in court is if there are multiple courts to deal with (the lawsuits),” attorney Henry G. Garrard told the Judicial Panel.

Garrard also argued consolidation was inappropriate because the only major issue left in the case deals with individual causation, as general causation has been litigated three times in court, according to Law360.

The lawsuits allege that J&J and others misrepresented the safety and reliability of the company's talcum powder products and claim violations of state consumer protection laws, negligence, failure to warn, wrongful death and other causes of action, the journal reported.  

Southern Illinois University at Edwardsville will present "Crossroads: A Conversation about America’s Future" next week featuring pundits Juan Williams and Cal Thomas.

Sponsored by the Arts & Issues program in the College of Arts & Sciences, Williams and Thomas will debate the important issues driving the nation’s future, including polarization that’s occurring across the country and the qualities, as well as shortcomings, of the political process.

Grant Andree, Arts & Issues director for SIUE, said the two political pundits are from opposite political sides and will disagree, but it will be a discussion, not a "name-calling," "badgering" event.  

“This is the first time since I’ve been here (2007) that we’ve done something like this before an election,” Andree told the Record. “We did bring Alberto Gonzales and James Carville in for a similar event, but that was in the spring of 2014. That particular event was great, because Gonzales and Carville talked about a number of issues, and disagreed, but talked about why they disagreed without the name-calling.”

Williams is an Emmy award-winning documentary writer and past reporter for National Public Radio, The Washington Post and a political analyst for Fox News. 

Thomas is a panelist on the Fox News show "Watch" and co-writes the forum page Common Ground for USA Today. He also hosts a syndicated daily radio program and has worked for NBC, CNBC and PBS television.

“With one of the most contentious elections in recent history and with the Republican Party certainly going through an upheaval, we thought this would be a good time to get a conservative and liberal perspective on these issues presented in a thoughtful manner,” Andree said. “Cal Thomas is, of course, a well-known conservative pundit who does a number of presentations with liberals where they discuss ideas, and disagree, but they also try to find common ground. In this current political climate, we thought this would be a good opportunity to discuss the major issues facing the country in a calm and deliberate way.”

This particular speaking engagement was put together by Thomas and Williams as a way to lessen the divide on monumental issues and to examine the political process, elections and how those in positions of power act.

“We believe they will present a lively, entertaining discussion about many of the issues facing us this election season,” Andree said. “We believe this is an opportunity to hear these important issues discussed in a rational, calm way, and that even though we may hold very different political viewpoints, perhaps we may find some common ground. We hope to have both students, faculty, staff and the community attend this event.”

The event will be held Tuesday, Oct. 11, at 7:30 p.m. at the Morris University Center Meridian Ballroom.

For more information, visit http://www.siue.edu/news/2016/09/ArtsIssueseCROSSROADS.shtml.

Voters are being encouraged to educate themselves on judicial candidates running for election and judges running for retention during this week of "Lawsuit Abuse Awareness," especially those who have personal injury litigation backgrounds or who receive campaign contributions from personal injury interests. 

Travis Akin, executive direction of the Illinois Lawsuit Abuse Watch (I-LAW), a grassroots, non-partisan legal watchdog group. coordinated rallies outside the Madison County courthouse in Edwardsville and the St. Clair County courthouse in Belleville on Tuesday.

In O'Fallon, Mayor Gary Graham signed an official city proclamation recognizing Lawsuit Abuse Awareness Week and encouraged voters to become educated about the positions, backgrounds and supporters of judicial candidates on the ballot for November. 

At the rallies, I-LAW supporters distributed “Good Judges Matter” voter guides to people entering the courthouses while a billboard truck circled the buildings with the message “Good Judges Matter: Don’t forget to vote in all the judicial elections on the ballot Nov. 8.” 

Akin said that the goal is to shed light on the fact that too many Metro-East judges have allowed personal injury lawyers to take control of the courts. 

A study released law month from the Illinois Civil Justice League shows that contributions given by Illinois personal injury lawyers to Illinois judges and politicians surpassed $35.25 million in the past 15 years. 

Madison and St. Clair counties have been ranked as two of the worst “judicial hellholes” in the country, Akin said, due to the close ties area judges and personal injury lawyers hold there. 

“Madison and St. Clair counties, not surprisingly, are among the counties with the highest donations from personal injury lawyers and firms,” Akin told the Record. “It’s a never-ending cycle of abuse. The personal injury lawyers make money from the judgments and settlements awarded by these judges, then they use that money to make donations to those very same people running for election or re-election as judge.” 

The best way to combat this cycle is to vote them out and elect judges who will stand up to personal injury lawyers and say no to lawsuits that do not have a common-sense connection to the area, Akins said. 

“We’re trying to show how personal injury lawyers are gaming the system and hopefully, residents and voters will pay attention to what’s going on and do something about it,” he said. “They put their own from this field into these judicial positions. These judges are coming from personal injury law firms, they are their friends and former colleagues, and then we wonder how the system is rigged in Illinois.” 

At the rally this week in front of the Madison County courthouse, I-LAW supporters threw penalty flags in response to the appointment to the bench last year of a lawyer from the personal injury law firm that, in the past several years, has filed the most asbestos lawsuits in Madison County, almost all of which are from plaintiffs who have no connection to Madison County. 

A former asbestos attorney, Jennifer Hightower, had graduated from law school just six years prior to be picked as an associate judge for the Third Judicial Circuit last year. 

Three Metro-East circuit court judges who were up for retention elections this year, which requires a 60 percent approval vote to be retained, decided instead to vacate their seats and not run for retention. They are seeking election to the vacancies they created through open seat elections this November that only require a simple majority to win, Akin said. Those three judges are John Baricevic, Robert Haida and Robert LeChien. 

“These judges, who have received numerous campaign contributions from personal injury lawyers, are now following the lead of their friends in the plaintiffs’ bar who repeatedly game the system in the Metro-East to make sure they win and cash in,” Akin said. “If you talk to the defendants who have appeared in front of these judges, who have had their businesses dragged into Madison or St. Clair county courts, they would concur that the shenanigans going on there have cost them millions of dollars over the years.” 

Akin said those three judges are an example of why change needs to occur in the state. 

“In the past 10 years, 354,000 adult workers have left the state, because the jobs aren’t here. We need to do something different,” he said. “We try to work with the lawmakers and our leaders in Springfield to enact meaningful lawsuit reform. Our governor, Bruce Renner, who is strongly in favor of lawsuit reform, has proposed a number of lawsuit reform proposals, but the Legislature is dragging its feet.” 

EDWARDSVILLE — A Madison County man is suing a Granite City company for allegedly terminating him after he sought workers' compensation benefits.

Ronald Geiser filed a lawsuit in Madison County Circuit Court against River's Edge Terminals LLC and Ken Owens, alleging they failed to comply with the Illinois Workers' Compensation Act.

According to the complaint, on July 2, 2014, Geiser claims he sustained injuries at work. As a result, the suit says, he requested compensation benefits from River's Edge. Instead, the lawsuit states, he was discharged Aug. 21, 2014, causing him to suffer lost wages and fringe benefits, emotional trauma and other consequential and incidental damages. 

The plaintiff alleges the defendants discharged him for requesting worker's compensation benefits, and that Owens provided inaccurate information and made the malicious decision to terminate him.

Geiser seeks trial by jury, judgment of more than $50,000, plus costs of suit, pre-judgment interest and all other relief the court deems proper. He is represented by attorneys Michael J. Brunton and Mary M. Stewart of Brunton Law Offices PC in Collinsville.

Madison County Circuit Court case number 16-L-1185

Kempler & Co. Inc. filed a complaint on Sept. 28 in the Madison County Circuit Court against Midwest Biodiesel Products alleging that the biofuel provider failed to comply with a court order.

According to the complaint, Kempler alleges that on April 13, a judgment was entered in its favor in Florida in an amount of $123,336.80 with interest of $16.50 per diem. To date no payment has been collected, the suit states.

The plaintiff claims Midwest Biodiesel Products failed to file an appeal and failed to make payment on the foreign judgment.

Kempler seeks judgment against the defendant in an amount in excess of $123,336.80.

Madison County Circuit Court case number 16-L-1352

Nathan W. Davis filed a complaint on Sept. 27 in Madison County Circuit Court against Corey S. Wilkinson alleging negligence.

According to the complaint, Davis alleges that on Oct. 1, 2014, he was operating a motor vehicle and was stopped in traffic on North Meridian Road when Wilkinson drove his vehicle into the rear of the plaintiff's vehicle.

As a result, Davis claims he suffered injuries that resulted in severe pain and suffering, lost wages and medical expenses.

The plaintiff alleges Wilkinson failed to keep proper lookout, operated his vehicle at a speed greater than reasonable and failed to timely reduce speed to avoid an accident.

The plaintiff requests a trial by jury and seeks judgment against defendant of more than $50,000. He is represented by Kurt M. Koepke of Koepke & Hiltabrand in Springfield.

Madison County Circuit Court case number 16-L-1351

Caroline Hale filed a complaint on Sept. 26 in the Madison County Circuit Court against Glenhaven Gardens of Alton LLC, doing business as Evergreen Senior Living, and Heritage Enterprises Inc. alleging negligence.

According to the complaint, the plaintiff alleges that on Sept. 26, 2014, she was on the premises of the defendants' property as a guest of a resident when she tripped and fell because of an uneven carpet in the hallway of the second floor common area.

She alleges this incident caused damages to her, including physical injuries to her right arm, shoulder and body, that resulted to disability and loss of a normal life and substantial medical bills.

The plaintiff alleges the defendants failed to inspect the hallway and premises, failed to maintain its property in a reasonably safe manner and failed to warn plaintiff and others of the dangerous condition of the area.

The plaintiff requests a trial by jury and seeks judgment in her favor, damages of more than $50,000, costs of suit and further relief as the court may deem just. She is represented by Michael R. Wesley of Law Office of Michael R. Wesley LLC in Wood River.

Madison County Circuit Court case number 16-L-1353

ST. LOUIS – Law firm Sandberg Phoenix & von Gontard P.C. recently announced it elected St. Louis equity shareholder Bhavik Patel, 38, to succeed John Sandberg as its new managing partner. Patel’s term will begin on Nov. 1.

Patel’s election is also a historic one; he is the first Indian-American to assume this position at a law firm this size in the St. Louis area. While Patel is honored for the distinction, he wasn’t surprised given the firm’s dedication to having a diverse work environment.

“I don’t believe diversity is why I got the role, but it is certainly something the firm is proud of and the Indian-American community at large is proud of,” Patel says. “We’re almost 120 lawyers; for a firm to have a minority managing partner, that’s rare. Our firm values diversity.”

In his new role, Patel wants to focus on the firm’s growth initiatives. His hope is to help the firm grow in two ways: laterally, where it hires practicing attorneys to join Sandberg Phoenix who have the skill set that links up with what the firm does; the other way for the firm to grow is organically by helping current associates just out of law school or early in their careers develop and put them on the path in which they’d like to grow.

One of the first things the firm did after Patel’s election was to implement an associate development program. Associates get to learn about business development, working in teams and collaboration.

“We’re halfway through the program and you can already see the difference in our firm,” Patel says. “People are working together to develop relationships and business goals and are stepping into leadership roles. (They’re) talking to and mentoring younger or newer associates. The program has only been going on for about two and a half to three months and I can already to see a difference.”

With a strong presence in southern Illinois and Missouri, Sandberg Phoenix has its sights on expansion to the Kansas City area. 

“I get questions from my clients like, ‘Hey, when you become managing partner, will you not be able to do my work?’” Patel says. “That’s not the case. We always promote teams to support our clients, but I’m going to continue to help my clients, the firm’s clients. They should expect to see the same level of service, care and appreciation that I’ve always given them.”