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St. Louis jury sides with plaintiff in talcum powder case against J&J; $70 million verdict

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ST. LOUIS — A jury has awarded $70 million in damages over a woman’s claims that using Johnson & Johnson’s products containing talc, such as baby powder, contributed to her ovarian cancer.

Deborah Giannecchini, 63, of Modesto, Calif., was diagnosed with stage 4 ovarian cancer about four years ago. Her doctors have said she probably has less than two years to live. She claimed Johnson & Johnson knew about the dangers posed by talc based on decades of documented risk associated with the mineral. Talc is found in the company’s shower-to-shower and baby powder products.

The same claims were brought against the company’s talc supplier, Imerys Talc America. This was the first jury to find Imerys also acted negligently. Additionally, the jury agreed with the plaintiff’s claim that the companies conspired to keep talc products on the market without a warning label attached.

Giannecchini was awarded $575,000 in economic damages, $2 million in non-economic damages, $65 million in punitive damages from Johnson & Johnson and $2.5 million in punitive damages from Imerys.

Courtroom View Network provided live streaming of the trial presided over by Judge Rex Burlison. The jury deliberated three hours Thursday before reaching its decision.

This is the third case to go to trial in St. Louis — and the third in which juries returned big verdicts for the plaintiffs. In May, a jury awarded $55 million to a South Dakota woman who also developed ovarian cancer after decades of using Johnson & Johnson talc-containing products. An Alabama woman was awarded $72 million in February. More than 1,200 other cases are consolidated in Missouri and New Jersey state courts. Others are pending in federal courts.

Johnson & Johnson has said it will appeal the verdict.

In closing arguments Thursday, Giannecchini’s attorneys made emotional appeals to the jury to consider the power they have to hold corporations accountable where regulators have failed. Allen Smith of The Smith Law Firm repeated the plaintiff’s assertion that Johnson & Johnson “rigged” the U.S. Food & Drug Administration and the National Toxicology Program — two agencies in charge of green-lighting consumer products in the United States.

“They’re supposed to be leading the world. That’s your beacon of corporate America,” Smith said. “Seriously? Is that who you want to lead the world?”

He said the women who face cancer diagnoses know the horror of the disease Giannecchini has battled since 2012. But internal documents show the defendants acknowledged that the public doesn’t know about the health issues associated with talc.

“And they won’t warn them?” Smith said.

He asked the jury to return a much higher verdict, totaling $250 million, to force the defendants to change their ways.

“You’re not going to change corporate America unless your verdict is large enough to make them say, ‘We better do something,’” Smith said. “If it’s not substantial, they’re not going to do anything.”

Attorneys representing the defendants refuted the notion that talc causes cancer. Instead, they focused on recounting the myriad scientific studies they’ve relied on for decades, none of which positively link talc with ovarian cancer.

“No one knows what causes ovarian cancer,” David Dukes, an attorney for Johnson & Johnson, told the jury. “They know the science is not on their side. They know that sometimes we don’t trust federal agencies. They know we’re all sympathetic to someone who has cancer. They want to appeal to that dark side of your heart that thinks everybody is a conspirator.

“You do no one a favor by awarding a plaintiff's award to Ms. Giannecchini unless you believe everything has been proven.”

He also argued that not only is talc not associated with ovarian cancer in general, it can’t be responsible for Giannecchini’s specific case. During the trial, an expert testified that talc doesn’t mutate cells, which means it can’t cause cancer. Additionally, no talc particles were found in the plaintiff’s ovaries, Dukes claimed.

While the plaintiffs said a “reasonable” company would warn consumers of the danger, Dukes pointed out that other manufacturers of products containing talc also don’t contain warnings. He said consumer companies understand the potential hazards of slapping a warning label on a product for liability’s sake.

“There’s real harm in slapping a warning on there. Too many warnings can be a hazard because when you over-warn, a certain number of people have a tendency not to read,” he said.

Nancy Erfle of the Portland, Ore., office of Gordon & Rees represented Imerys at the four-weeks-long trial. During closing arguments, Erfle said studies over the years by several cancer research groups have included 180,000 women. None of the conclusions associated talc with ovarian cancer. She and Johnson & Johnson’s attorneys urged the jury to look at “the totality of evidence,” including the various scientific methods that have been used to study talc and its cancer-causing potential.

She insisted the internal documents the plaintiffs used to make their case were taken out of context. Where it looked like Imerys was considering ending the supply of talc because it knew of the dangers, she said the rest of the document shows it was the lingering suspicion not based in science that led to such conversations.

“Talc is safe. Talc should be available. They shouldn’t have stopped selling it,” she said.

She went on to say that a review of scientific literature by the World Health Organization’s International Agency for Research on Cancer categorizes the genital use of products containing talc as “possibly carcinogenic to humans.” That puts it in the same category as 291 other substances, including coffee. She said no one would expect coffee bean suppliers to stop selling their product.

“I’m not asking for a pass,” she said. “I don’t think we need one.”

Ten members of the jury didn’t agree.

In a final closing argument, Ted Meadows of Beasley Allen, who also represented Giannecchini, said the jury was confronted with a simple case that was made to look complicated by the defendants.

“They just spent about two hours trying to make this as complicated as you can make it. We brought you some of the top scientists — people who wrote on this subject before we even went to law school,” he said.

They knew they’d be here, he said, pointing to internal documents in which the defendants were warned that, eventually, they’ll end up in a courtroom or before Congress, where they’ll look like the tobacco companies that knew the dangers of smoking.

“I’m amazed that these people here have doubled down,” he said. “Not the slightest apology. No admittance of even the slightest risk.”


Pedestrian allegedly hit while crossing Main Street in Edwardsville

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EDWARDSVILLE — A pedestrian is suing Superior Corporation of Illinois and a pickup truck owner and operator, for allegedly hitting her as she attempted to cross the road.

Jill Essner filed a complaint on Oct. 7 in Madison County Circuit Court against Superior Corporation of Illinois and Michael Hewitt, alleging Hewitt negligently failed to keep a pickup truck under control.

According to the complaint, the plaintiff alleges that on Oct. 10, 2014, she was a pedestrian attempting to cross Main Street in Edwardsville when Hewitt, who was operating a pickup truck owned by Superior, struck her.

She claims she was severely injured, resulting in medical expenses, pain, loss of earning capacity and loss of ability to pursue further education.

The plaintiff alleges Hewitt operated the vehicle owned by Superior too fast for weather conditions, failed to keep proper lookout and negligently failed to avoid the collision.

The plaintiff requests a trial by jury and seeks a fair and just award in excess of $50,000, plus costs of this suit. She is represented by Reed Nelson of Nelson & Nelson Attorneys at Law PC in Belleville.

Madison County Circuit Court case number 16-L-1414

Man claims he fell several stories after apartment terrace collapsed

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EDWARDSVILLE — A man is suing an apartment building owner and two businesses after an Alton terrace allegedly collapsed.  

Tyler Green filed a complaint on Oct. 7 in Madison County Circuit Court against Russell Smith, Bossanova of Alton Inc. and Olive Oil Marketplace Inc., alleging that they failed to exercise due care for the safety of their tenants.

According to the complaint, Green alleges that on Sept. 18, he was lawfully standing on the terrace of an apartment owned and operated by the defendants when the terrace collapsed, causing him to fall multiple stories below.

As a result, Green claims he sustained life-threatening physical and neurological injuries that made him liable for large medical expenses.

The plaintiff alleges the defendants negligently operated an apartment that had an unsafe terrace and failed to maintain a property free of hazards.

The plaintiff requests a trial by jury and seeks judgment in an amount in excess of $75,000, plus costs. He is represented by Thomas Q. Keefe of Keefe, Keefe & Unsell PC in Belleville.

Madison County Circuit Court case number 16-L-1413

ICJL rejects candidates benefiting from trial lawyer-funded attack ads; Denounces candidacies of St. Clair Co. judges ‘gaming system’

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The Illinois Civil Justice League (ICJL) is denouncing a $1 million negative ad campaign financed by trial lawyers who litigate in the Metro East by issuing a “not recommended” rating of the judicial candidates who benefit from the attacks.

The group Fair Courts Now was established mid-October for the purpose of opposing Republican candidates Justice James “Randy” Moore and Madison County Circuit Judge John Barberis, and so far has spent more than $750,000 on print and TV ads.

It favors Democrat candidates Jefferson County Circuit Judge Jo Beth Weber and Williamson County Circuit Judge Brad Bleyer.

Some of the biggest asbestos attorneys and firms who file suit in Madison County – the busiest asbestos docket in the country – have contributed to Fair Courts Now, including the Simmons firm of Alton, Gori Julian of Edwardsville and Maune Raichle of St. Louis. Their three contributions alone make up $735,000 of the $1 million total.

“It is impossible for anyone to believe that any candidate for judge, particularly those running in Madison County, would not be influenced by this much trial attorney cash,” said ICJL president Pastuovic.

“We find their willingness to accept this amount of trial attorney financial support deeply troubling, and based on their action, the ICJL rates Jo Beth Weber and Brad Bleyer as Not Recommended. Conversely, we rate their opponents Randy Moore and John Barberis as Highly Recommended.”

Bleyer and Weber have not commented on the contributions.

The ICJL also rated St. Clair County Chief Judge John Baricevic and Circuit Judges Robert LeChien and Robert Haida as not recommended, saying the judges, who faced an “uphill battle” in effort to get 60 percent voter approval in a retention election, instead “purposefully gamed the system” by opting to run for election.

“Instead of running for retention, they subverted the process by turning in their resignations and filed as candidates in the March 15 primary, where they only needed a simple majority to win,” Pastuovic said.

“It is critical that voters in St. Clair County are aware that with this unethical maneuver, these judges ignored the intent and spirit of the Illinois Constitution and are deemed Not Recommended.”

The ICJL released the ratings of judges and judicial candidates running for election and retention statewide. Its judicial ratings are a part of what it says is "the most complete and comprehensive voter education initiative of its kind, designed to assist voters in making informed decisions about the judicial candidates on their ballot."

 The initiative called Judges: Good and Bad-You Can’t Afford to be Indifferent can be found at illinoisjudges.net. 

Former postal service employee alelges HIPAA violation

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EDWARDSVILLE — A former U.S. Postal Service employee claims Apex Physical Therapy violated the Health Insurance Portability and Accountability Act.

Jolene Cosper filed a complaint on Oct. 17 in Madison County Circuit Court against Janelle Dietrich and Apex Physical Therapy.

According to the complaint, the plaintiff alleges Apex Physical Therapy and Dietrich reported to her employer that she was abusing her workers' compensation rights, which she claims violated HIPAA.

As a result, she claims she suffered serious damages, including loss of employment, loss of income, emotional distress and mental suffering.

The plaintiff alleges the defendants reported to her employer that she was abusing her workers' compensation rights.

The plaintiff requests a trial by jury and seeks judgment in excess of $50,000, and for punitive damages in the amount of $50,000. She is represented by Ronald A. Roth of Roth Law Offices LLC in Granite City.

Madison County Circuit Court case number 16-L-1442

CRST International, truck driver sued over Hamel collision

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EDWARDSVILLE — A motorist and passenger are suing CRST International and a truck driver for allegedly causing a rear-end collision.

Alfredo Contreras and Alicia Contreras filed a complaint on Oct. 21 in Madison County Circuit Court against CRST International Inc. and driver Antoine Dortch, alleging that Dorch breached his duty to operate a CRST-owned tractor-trailer with due regard and care for the safety of others.

According to the complaint, the plaintiffs allege that on Jan. 17, 2015, they were lawfully parked in the rear parking lot of the Love's Truck Stop in Hamel when Dorch, who was acting in the course of his employment with CRST, collided with the rear of their vehicle.

As a result, they claim they sustained injuries, pain and suffering, lost wages, mental anguish and medical expenses.

The plaintiffs allege Dortch failed to yield right of way, failed to maintain proper lookout and failed to timely reduce his speed to avoid a collision.

The plaintiffs request a trial by jury and seek judgment against the defendants in excess of $50,000, plus costs of this suit. They are represented by Brian M. Wendler and Angie M. Zinzilieta of Wendler Law PC in Edwardsville.

Madison County Circuit Court case number 16-L-1453

Team Company accuses former managing consultants of breaching non-compete contract

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EDWARDSVILLE — A staffing company is suing two former managing consultants, citing alleged breach of a non-compete contract.

Team Company filed a complaint on Oct. 18 in Madison County Circuit Court against Tiffany Jarman and Jessica Vickery, alleging that they violated their consulting and confidentiality agreement.

According to the complaint, Team Company claims Jarman and Vickery obtained employment with a direct competitor and then used the plaintiff's confidential information for the benefit of the competitor.

Team Company alleges that it has suffered damages for providing extensive training to the defendants.

The plaintiff alleges the defendants solicited business from the plaintiff's client.

The plaintiff requests a trial by jury and seeks judgment for a sum exceeding $300,000, an order enjoining the defendants from using any of the plaintiff's confidential information, attorneys' fees, court costs and any further relief deemed necessary. It is represented by Elliot S. Wiczer, John M. Sheldon, Brian S. Feldman and Kyle Fonjemie of Wiczer & Sheldon LLC in Northbrook, Illinois.

Madison County Circuit Court case number 16-L-1448

Motorist alleges injuries following rear-end collision

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EDWARDSVILLE — A motorist is suing another driver for alleging causing a rear-end collision.

Ryan Dill filed a complaint on Oct. 20 in Madison County Circuit Court against Gregory Halliday, alleging the defendant negligently failed to keep his vehicle under proper control.

According to the complaint, the plaintiff alleges that on Sept. 14, both drivers were driving eastbound on Interstate 270 when Halliday negligently collided with the rear of Dill's vehicle.

Dill alleges he sustained injuries and hospital and medical treatment expenses.

The plaintiff alleges Halliday drove his vehicle at a speed greater that reasonable, failed to keep proper lookout for other vehicles and failed to apply his brakes to avoid a collision.

The plaintiff requests a trial by jury and seeks compensation for damages in excess of $50,000, plus costs of this action. He is represented by Bruce R. Cook of Cook, Ysursa, Bartholomew, Brauer & Shevlin Ltd. in Belleville.

Madison County Circuit Court case number 16-L-1451


Wal-Mart accused of unlawful sale of alcohol to intoxicated person

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EDWARDSVILLE — A woman filed a Dram Shop suit against Wal-Mart Stores Inc. after an intoxicated man allegedly caused a collision.

Constance Lunsford filed a complaint on Oct. 12 in Madison County Circuit Court against Wal-Mart Stores Inc., alleging that the retail store operator violated the Dram Shop Act.

According to the complaint, the plaintiff alleges that on Oct. 18, 2015, she was driving on Humbert Road when John Curtis Sykes III caused a collision. She alleges Sykes was intoxicated when he caused the collision.

As a result, Lunsford alleges she sustained injuries to her body, both internal and external, disability, loss of a normal life and medical expenses.

The plaintiff alleges Wal-Mart Stores Inc. sold alcohol to Sykes that caused his impairment and intoxication.

The plaintiff requests a trial by jury and seeks judgment againstthe  defendant in a sum in excess of $50,000 plus costs for this action. She is represented by Michael P Glisson of Williamson, Webster, Falb & Glisson in Alton.

Madison County Circuit Court case number 16-L-1435

Headwaters CM Services accused of improper termination

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EDWARDSVILLE — A former employee is suing Headwaters CM Services LLC and supervisor Chris Basso, citing alleged violation of workers' compensation acts and wrongful termination.

Richard S. Jones Sr. filed a complaint on Oct. 11 in Madison County Circuit Court against the defendants, alleging that they violated the Illinois Workers' Compensation Act.

According to the complaint, the plaintiff alleges that on March 6, he was performing maintenance on a belt feed when his hand was severely and permanently injured. He immediately sought medical attention at Headwaters' expense. He claims he was terminated on May 5 after seeking workers' compensation benefits.

As a result of his termination, he has suffered lost wages and benefits, emotional distress and loss of reputation, the suit claims.

The plaintiff requests a trial by jury and seeks judgment against the defendants in a proper and reasonable amount. He is represented by Robert C. Nelson of Nelson & Nelson, Attorneys at Law PC in Belleville.

Madison County Circuit Court case number 16-L-1427

Marti Motors accused of negligence following crash

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EDWARDSVILLE — A bus driver is suing after a motorist allegedly caused a collision while driving with a suspended license.

Jesse Ingram filed a complaint on Oct. 12 in Madison County Circuit Court against Marti Motors Inc. and motorist Anthony Carney.

According to the complaint, the plaintiff claims he was operating a transit bus on Oct. 25, 2014, and was stopped at a railroad crossing when Carney, who was operating a vehicle owned by Marti Motors, collided with the bus. Ingram claims Carney operated the vehicle with a suspended license.

As a result, Ingram claims he sustained serious injuries that led to medical expenses and a loss of ability to enjoy life.

The plaintiff alleges Carney failed to maintain proper lookout, failed to yield right of way, operated his vehicle at an excessive rate of speed, and drove dangerously. He alleges Marti Motors shouldn't have allowed him to drive its vehicle with a suspended license.

The plaintiff requests a trial by jury and seeks judgment in an amount in excess of $50,000, plus costs incurred for this action. He is represented by Thomas G. Kemper of Butler & Kemper in Granite City.

Madison County Circuit Court case number 16-L-1425

No response from Democratic Fifth District Appellate Court candidates on Fair Courts Now campaign; 41 percent of Judge Weber’s contributions from same firms

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It’s been two weeks since the Fair Courts Now committee was formed to run attack ads against Republican candidates for the Fifth District Appellate Court, and Democratic candidates have yet to provide a response to the negative campaign.

Ironically, Fair Courts Now is a Political Action Committee that’s raised more than $1 million mostly from asbestos firms to oppose Justice James “Randy” Moore and Circuit Judge John Barberis.

Williamson County Circuit Judge Brad Bleyer and his campaign chairman G. Patrick Murphy could not be reached for comment.

When attempting to reach Jefferson County Circuit Judge Jo Beth Weber for comment, Weber requested she not be contacted while at work and directed the Record to use her committee’s contact information.

However, requests for comment from Weber’s campaign committee went unanswered.

Furthermore, neither candidate addressed the Fair Courts Now media campaign at the Illinois Association of Defense Trial Council’s appellate judge forum on Oct. 25.

So far, the anti-Moore and anti-Barberis committee has raised $1,060,000.

The biggest contributions have come from local asbestos firms, which don’t typically spend much time in the appellate court. Those contributions include $235,000 from Gori Julian of Edwardsville, $250,000 from Maune Raichle of St. Louis and $250,000 from the Simmons Firm of Alton.

Several other local plaintiff firms, Texas firms and court reporters also contributed to the campaign.

As a PAC, Fair Courts Now isn’t working directly with the Democratic candidates.

However, four of the firms that have contributed to the committee have also contributed to Weber’s campaign.

Attorneys with the Simmons Firm have contributed a total of $31,600 to Weber’s campaign; Maune Raichle attorneys contributed $32,400; and Gori Julian attorneys contributed $15,050.

Cooney & Conway also contributed $15,000 to Fair Courts Now and $5,000 to Weber’s campaign.

Weber has raised a total of $84,050 from attorneys at firms that funded the negative ads by Fair Courts Now.

There were also three contributions from individuals with the same last name as Simmons and Gori Julian attorneys, who are assumed to be spouses of the attorneys. The three additional contributions totaled $7,400.

Including the three assumed spouses, contributions from the four firms amount to 41 percent of Weber’s total $223,000 raised.

In addition to the million-dollar PAC, Bleyer has raised $100,000 for his campaign while Weber raised $223,000.

Luechtefeld and Meier: Vote for Moore and Barberis

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To the Editor:

Our court system is under attack again, in a repeat of the 2014 smear campaign that was waged against Supreme Court Justice Lloyd Karmeier.

In the final two weeks of the 2014 General Election a small number of trial lawyers bankrolled $2.25 million in negative, shameful, mean-spirited ads against the Justice's retention. These same lawyers stood to gain $2 billion in verdict renderings should cases go their way.

Once again a small group of trial lawyers see our courts as an investment, and this year's investment is being made against Appellate Justice James "Randy" Moore and Madison County Circuit Court Judge John Barberis. Ask yourself, "Why would this small group of lawyers invest over $1 million for negative attack ads?" The answer to this question is very obvious.

James "Randy" Moore has served honorably on the 5th District Appellate Court since January 2015 and before that he was a twice-elected judge by the voters of deep southern Illinois. John Barberis was elected in 2014 and is the first Republican to be elected to the Madison County bench in more than seven decades.

Both of these men are fine individuals and they represent the finest qualities we want in our judges.

We urge our fellow residents to reject the extreme, over-the-top attempts to smear the names of these good men and vote for James "Randy" Moore and John Barberis to serve as justices for the 5th District Appellate Court in Mt. Vernon.

State Sen. Dave Luechtefeld, 58th District
State Rep. Charlie Meier, 108th District

Moore responds to Fair Courts Now campaign; Hopes to maintain confidence in the courts

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In response to the recent Fair Courts Now attack ad campaign, Justice James “Randy” Moore said he hopes to protect confidence and impartiality with the bench.

“Why I am running is so that we have a fair system with judges that are not subject to partiality or influence; that are independent, so people can have confidence in the system; that everybody is treated equally,” said Moore.

The group Fair Courts Now was established on Oct. 11 to oppose the Republican candidates for Fifth District Appellate Court in attack ads. They have so far raised $1,060,000 and spent $750,000 on the print and TV ads against Moore and Madison County Circuit Judge John Barberis.

The group benefits Democratic candidates Jefferson County Circuit Judge Jo Beth Weber and Williamson County Circuit Judge Brad Bleyer.

Most of the money raised by Fair Courts Now came from local asbestos firms. In fact, $735,000 was funded by the Simmons, Maune Raichle and Gori Julian asbestos plaintiffs firms.

When asked what the plaintiffs firms have to gain by pouring $1 million into a group opposing the Republican candidates, he said the firms expect to have cases before the court.

“If they didn’t think they had a lot to gain, they wouldn’t spend that kind of money,” he said.

Moore’s campaign chair Dave Luechtefeld, R-Okawville, said in a Facebook post on the campaign’s page, “I think the answer is pretty clear. They would like an edge in that court, and they expect to have cases there. It’s like an investment.”

Luechtefeld is also the Illinois State Senator for the 58th District.

The Oct. 27 post went on to say, “Good judges shouldn’t be political. Politics have no place in the courtroom. Unfortunately, a judge is required to run under a political party. But no matter what political party a judge must identify with, fairness and impartiality should be their top priority. Protecting the constitutional liberties and freedoms of all people, great and small, should be their goal. Money, influence, and greed should have no place or sway in the courtroom.

“A few rich and powerful who want to control the courts are spending almost a million dollars for the sole purpose of misleading voters through negative attack ads.”

“This is not just an election for Appellate Court judges, this is a battle for our freedom, our liberty, and the integrity of our courts,” Moore’s Facebook post concluded.

The response to the post was unanimously positive and supportive of Moore as people opposed the part plaintiffs firms are playing in the election.

The ads focus on Moore’s and Barberis’ Illinois State Bar Association ratings and recommendations.

Moore said that while he was rated as “not recommended,” he was also rated as “highly qualified.” Further, he said he has never faced any criticism as a judge.

“My record is clear. I have been even-handed and fair,” Moore said. “I notice that there hasn’t been any criticism of anything I’ve ever done as a judge. No one has criticized any decisions. My record as a judge is fair and I have demonstrated integrity.”

He said only a few dozen lawyers are able to make such a result possible and he suspects that many of the lawyers who didn’t recommend him in the poll “have never been in front of me.”

Moore added that his ratings before the election were approximately 25 points higher.

Moore pointed out that in the 2008 primary election for Fifth District Appellate Court between Justice Judy Cates and Justice James Wexstten, Cates originally wasn’t recommended, but received a qualified rating by the ISBA Judicial Evaluations Committee. Wexstten was both rated as recommended and qualified.

Then in 2012, she ran with the endorsement of the Democratic party "and her ratings dramatically improved."

“I don’t think her ability changed, just her rating,” Moore said.

Bleyer denies involvement with Fair Courts Now; Bleyer: ‘Selection of judges should be based on qualifications and experience’

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Williamson County Circuit Judge Brad Bleyer said he was not involved in the Fair Courts Now attack ads organized to oppose Republican candidates for the Fifth District Appellate Court.

“Judicial elections are very important. The selection of judges should be based only on the qualifications and experience of the candidates. I was not in any way involved in the advertising campaign of Fair Courts Now. I did not solicit or request any outside advertising. I have worked very hard to present my campaign to the voters of the Fifth District in a positive manner based only on my experience, qualifications, and reputation earned over 33 years in the legal community,” Bleyer stated in an email.

Bleyer’s opponent, Madison County Circuit Judge John Barberis, previously stated that does not blame Bleyer for the negative ads.

“I know Brad doesn’t have anything to do with this, so there’s no blame whatsoever. I don’t feel any animosity or any concern Brad orchestrated or had anything to do with this, because I know Brad is a good guy and wouldn’t have done that,” Barberis said at the Illinois Association of Defense Trial Council’s appellate judge candidate’s forum on Oct. 25.

Fair Courts Now is a Political Action Committee established in mid-October to oppose Republican candidates Justice James “Randy” Moore and Barberis. The group has so far raised $1,060,000 and spent $750,000 on the negative print and TV ads.

As a PAC, the Fair Courts Now group operates on its own, separate from the Democratic candidates’ campaigns.

Most of the money raised by Fair Courts Now has come from local asbestos firms.


Woman alleges injuries when stairwell handrail broke from wall

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EDWARDSVILLE — A woman is suing after she allegedly fell on a stairway and injured herself.

Lisa D. Stout filed a complaint on Oct. 13 in Madison County Circuit Court against Jane C. Sitton and Robert T. Sitton, alleging that they failed to exercise reasonable care in maintaining their premises for the safety of people who were lawfully on those premises.

According to the complaint, the plaintiff alleges that on July 25, 2015, she was lawfully on the defendants' premises when she slipped and fell while descending a stairwell. She claims the handrail broke free from the wall, causing her to fall.

She alleges she sustained permanent injuries resulting in pain, disfigurement, mental anguish and medical expenses.

The plaintiff alleges the defendants permitted the dangerous condition of the handrail to exist, failed to warn her of the dangerous condition and negligently failed to properly maintain their premises.

The plaintiff requests a trial by jury and seeks judgment against the defendants in an amount exceeding $50,000, plus costs of this suit and all other relief as may be just and proper. She is represented by Craig J. Jensen of Meyer Jensen PC in Alton.

Madison County Circuit Court case number 16-L-1437

Missouri man blames driver, vehicle owner for injuries

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EDWARDSVILLE — A man claims he was injured in a collision allegedly caused by a driver with an invalid license.

Missouri resident Dennis M. Fuchs filed a complaint on Oct. 13 in Madison County Circuit Court against Robert Wilkinson and Addie Wilkinson, alleging negligence.

According to the complaint, the plaintiff alleges that on Oct. 17, 2014, he was a passenger in a vehicle when it was struck by another vehicle driven by Robert Wilkinson. Fuchs claims Wilkinson was driving on an invalid license and was deemed incompetent to operate a vehicle.

As a result, Fuchs alleges he sustained severe and permanent injuries.

The plaintiff alleges Robert Wilkinson drove in a dangerous fashion; and Addie Wilkinson, the vehicle owner, negligently entrusted him with the vehicle.

The plaintiff requests a trial by jury and seeks judgment against the defendants in an amount exceeding $50,000, plus costs of this suit and any other relief the court deems proper. He is represented by Shaun M. Lieser of Lieser Law Firm LLC in Saint Louis.

Madison County Circuit Court case number 16-L-1433

Poll: Trump leads by wide margin in most Metro East legislative districts

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Republican presidential candidate Donald Trump is leading in several downstate districts, according to a recent poll.
The poll, conducted over Oct. 28 and 29 by Ogden & Fry and commissioned by Liberty Principles PAC, shows Trump leading Democratic candidate Hillary Clinton in much of the Metro East and southern Illinois.
Trump holds the largest lead in House District 111, where Republican challenger Mike Babcock is facing off with incumbent Daniel Beiser (D-Alton). The latest numbers show Trump leading Clinton by 27 points.
Polls also show Trump leading in House District 112, where Dwight Kay (R-Glen Carbon) is being challenged by Democrat contender Katie Stuart, with Trump ahead by 13 percent. In House District 113, where Republican Katherine Ruocco has is pitted against incumbent Jay Hoffman (D-Carbondale), Trump is leading Clinton by 1 percentage point.
In Senate District 58, Trump is in the lead by 18 percent over Clinton. That district race featuresRepublican candidate Paul Schimpf, of Waterloo, facing off against Democrat challenger Sheila Simon, of Carbondale. The candidates are vying to replace state Sen. David Luechtefeld (R-Okawville). Luechtefeld is retiring after serving for 22 years in the General Assembly. Schimpf took 67.08 percent of the vote in the March Republican primary to defeat Sharee Langenstein.
The general election will take place Tuesday, Nov. 8.
Liberty Principles PAC was founded by Dan Proft. Proft is also a principal of Local Government Information Services (LGIS), which owns the Metro East Sun.

Trump can...must win

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It is neither an exaggeration nor an original thought to say the 2016 Presidential election has been one for the books. Recently, I observed a phenomenon that only underscores its unique place in History.
It is common that certain areas are fertile grounds for yard signs. Union halls for Democrats; Republican leaning frontage property. But this year, a strange omission. In the Democrats’ area, signs for county races, for congress, for judge, for county chairman. Missing, for the first time ever, are signs for the head of the ticket. No signs at all for Hillary... the first time that I recall such a blatant exclusion. What does this mean? It means, dear reader, weakness at the Clinton core. It means a lack of enthusiasm for the Presidential standard bearer. It means the rank and file may be hungering for relief from the economic starvation. It means that … TRUMP CAN WIN.
As the newest round of Clinton scandals enfolds, familiar sounds of protest echo from their camp. As the most persecuted couple in American history... ha... the Clintons have once again, when confronted with misconduct, resorted to attacking the messenger. Too little, too late. Trump was already moving north in the polls. The recent Huma laptop e-mail problem... generated by, of all people, disgraced, perverted Democrat Congressman Anthony Weiner, only amplifies the WikiLeaks revelations of a corrupt, rigged system in which the Clintons blatantly disregard ethics and law in the pursuit of power and money.
Madame Secretary’s regret on the e-mails is not setting up the system to avoid scrutiny - a move that campaign Chairman Podesta said should result in the creator being “drawn and quartered - it is her regret in getting caught. She will not make such a mistake again. A Clinton White House will engage in corruption on unrivaled scales, all shielded by her Washington savvy. America can survive a Trump Presidency. Our Constitutional republic will suffer a fatal blow if Hillary is sworn in as President. This must not be allowed to happen.
Recent polling shows the race tightening, even without the justifiable actions of the FBI Director. It now appears clear that long time Clinton aide Huma Abedin lied to the FBI, stating that she had turned over all computers of relevance, consciously omitting the laptop with shared Weiner e-mails. That notwithstanding, the election will be close. Some 30 percent of normally Republican voting citizens say they will not vote for Trump. In contrast, only 10 percent of Democrats claim not to be on board with Clinton, the reasons being mystifying. The 30 percent renegades must come home… and vote for Trump, however unenthusiastically. If not, the Clinton election and the sure disaster to follow, will be on their heads. We must have the courage to vote for the promise of the future, shaking off the shackles of a failed past.
On another note, another election, I can heartily say that the clear choice for re election as County Board Chairman is my longtime friend Alan Dunstan. While we have not always agreed, through our four decades of friendship, I have found Dunston to be an honest public servant, willing to hear all sides, then proceed on the best course for all concerned. We are at a true economic crossroads in Madison County, with the rust belt industries now long and forever gone. Chairman Dunston has shown great vison in his plan to broaden and then consolidate the efforts of historical based tourism as the path to future prosperity. He deserves the chance to see his vision realized.
His opponent on the other hand, Treasurer Prenzler, possesses neither the temperament nor the leadership skills to step up to the reins in Edwardsville. This deficiency is shown nowhere more clearly than in the handling of the recent disability claim of Linda Dunnagan against his office. The claim could have and should have been settled at the preliminary level, for a modest but fair sum. It was not, nor was it resolved until the taxpayers of the County became saddled with a judgment in excess of a $1 million. Time after time, Prenzler rejected the expert advice of retained defense counsel, only to follow the misguided instructions of his “private” attorney. While Prenzler’s secret string puller may have some expertise in criminal law, he knows as much about the Americans with Disability Act as elderly nuns know about fornication. This bodes ill for his judgment, and is disqualifying to Prenzler. Chairman Dunston should be re-elected.
This election will be historic. Participation is required. Be not afraid.

Madison County foreclosures Oct. 24-28

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OCTOBER 24, 2016

FEDERAL HOME LOAN MORTGAGE V. ALAN AND JANET WEBER , $80,233.53, 23 TIMBER MEADOWS CT., EDWARDSVILLE. 16-CH-660
FEDERAL NATIONAL MORTGAGE V. HENRY GATER AND KAREN NELSON, $59,821.04, 1013 E. 5TH ST., ALTON. 16-CH-661

OCTOBER 26, 2016

US BANK V. DOROTHY E. MORRIS, $23,336.76, 611 BROOKSIDE AVE., ALTON. 16-CH-662
DITECH FINANCIAL V. JEFFREY HENDON, $22,096.66, 2319 STATE ST., GRANITE CITY. 16-CH-663
BAYVIEW LOAN SERVICING V. LINDA C. HUNSCHE , $79,566.36, 404 N. DONK AVE., MARYVILLE. 16-CH-664
JPMORGAN CHASE BANK V. BARBARA BURTON, $57,212.56, 319 N. 2ND ST., WOOD RIVER. 16-CH-665

OCTOBER 27, 2016

LAKEVIEW LOAN SERVICING V. MICHAEL P. AND NANCY J. NILSON, $150,022.07, 427 BLUFF ST., ALTON. 16-CH-666
WELL FARGO BANK V. ANGELA J. EDMONDS , $79,265.80, 311 W. CORBIN ST., BETHALTO. 16-CH-667
1ST MIDAMERICA CREDIT UNION V. MARY TAYLOR, $16,057.85, 1111 MERLIN DR., GODFREY. 16-CH-668
CARRINGTON MORTGAGE SERVICES V. LEAH M. AND TIMOTHY LINCOLN, $161,252.77, 418 W. 4TH ST., ALTON. 16-CH-669

OCTOBER 28, 2016

US BANK V. CHRISTOPHER ROBERTS , $59,772.58, 1712 BREMEN AVE., GRANITE CITY. 16-CH-670
JPMORGAN CHASE BANK V. JOSEPH JENNINGS AND LORI DAVIS, $82,576.50, 3119 COUNTRY LN., HIGHLAND. 16-CH-671
US BANK V. NORMAN AND SHERRY GANSZ, $164,760.65, 219 SHAWNEE DR., WOOD RIVER. 16-CH-672
WELLS FARGO BANK V. JANET R. WILLIAMS, $58,428.15, 54 BERMUDA LN., GRANITE CITY. 16-CH-673
JPMORGAN CHASE BANK V. HEIRS OF BARBARA KONDRICH, $37,249.98, 2545 BENTON ST., GRANITE CITY. 16-CH-674
FIRST NATIONAL BANK V. MICHAEL KARLAS, $59,119.93, 419 WOOD RIVER AVE., WOOD RIVER. 16-CH-675
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