Barefoot restaurant denies liability, seeks to transfer slip and fall suit

November 29, 2016, 6:17 am

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A Hardin restaurant owner seeks to transfer a woman’s suit alleging a leaky toilet caused her to slip and fall.

Rose Porter filed the lawsuit on Aug. 8 against Barefoot LLC.

She claims she was a customer at the Hardin restaurant on Jan. 17. She alleges she entered the restroom facility, where she slipped on a puddle of water from toilet leak.

She alleges the defendant failed to recognize that water was leaking from the toilet, failed to inspect the restroom and failed to remove the puddle of water from the restroom floor.

Barefoot answered the complaint on Sept. 28 through attorneys Beth Boggs and Michael Lach of Boggs Avellino Lach & Boggs in St. Louis.

In its affirmative defenses, the defendant argues that the plaintiff’s alleged injuries were caused by her own contributory negligence for failing to keep a careful lookout for her own safety.

The defendant also alleges she failed to mitigate her damages.

Porter filed a motion to strike the affirmative defenses on Oct. 25 through attorney Lanny Darr of Darr Law Offices in Alton.

She alleges the defendant’s affirmative defenses “are so wanting in details and/or factual statements that plaintiff is unable to respond to the same.”

She claims Barefoot fails to state what conduct caused or contributed to Porter’s injuries and fails to identify any conduct that can be legally classified as a failure to mitigate her damages.

“Defendant’s pleading fails to state with any degree of specificity how plaintiff failed to exercise reasonable care, inadequate look out or explain how her conduct caused, contributed to cause or proximately caused the damages claimed,” the motion states.

Barefoot also filed a motion to transfer venue based on forum non conveniens on Sept. 28. It argues that it does not do business in Madison County. It seeks to have the case transferred to Calhoun County.

Porter filed a motion to stay hearing on the defendant’s forum non conveniens request on Oct. 7.

She argues that a motion to dismiss or transfer venue based upon foreign non conveniens “is a factual determination that may not be properly resolved until the completion of discovery and identification of witnesses.”

Barefoot objected to the motion on Nov. 3.

The defendant argues that it factual plead its basis for the transfer request.

Porter responded to Barefoot’s motion to transfer venue on Nov. 18. She argues that the defendant’s registered agent is in Madison County.

“There is no prejudice to the defendant in granting a stay on its motion until sufficient evidence has been produced relative to whether defendant conducts its normal business in this county,” the response states.

Porter seeks a judgment in excess of $50,000, plus court costs.

Madison County Circuit Court case number 16-L-1121

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Auctioneer supports motion to dismiss man’s suit alleging injures from upturned garden rake; Guest agrees to amend complaint

November 29, 2016, 7:00 am

≫ Next: Man facing life in prison over child sexual abuse conviction to get new trial; Callis improperly excluded defense witesses, ruling says

≪ Previous: Barefoot restaurant denies liability, seeks to transfer slip and fall suit

A man suing an auctioneer agreed to amend his complaint after the defendant sought dismissal on the grounds that the entity being sued does not legally exist.

Jerry Keel filed a complaint on June 10 against Geneve L. Wood, individually and as trustee of the Wood Trust and the Geneve Wood Trust, Wayne A. Mollett Auction Service and Wayne A. Mollett.

According to the complaint, Keel claims he was invited onto Wood’s property on Aug. 4, 2014, when he was allegedly injured. He claims that while he was walking into the barn, the defendants caused the power to go out and he stepped on the metal prongs of a garden rake.

As a result, he alleges he sustained injuries to his right foot and suffered an infection, which required multiple surgeries and amputation of his middle toe.

He claims the defendants negligently placed a garden rake on the ground with the prongs facing upwards, failed to provide adequate lighting and failed to warn invitees of the placement of the rake.

Mollett filed a motion to dismiss counts IV and V on Aug. 17, which are brought against Wayne A. Mollett Auction Service, which the defendant alleges is not a business but is a fictitious name under which he operates.

Keel filed a response to Mollett’s motion to dismiss on Oct. 4 through attorneys John Webster and Timothy Chartrand of Williamson Webster Falb & Glisson in Alton.

Keel argues that Mollett improperly utilized a motion to dismiss. He says the defendant must admit the legal sufficiency of the complaint despite the incorrect name and has the burden to prove that an affirmative matter negates the complaint.

Keel says the defendant instead “presented his own version of the facts,” which he claims is not allowed.

Keel further argues that the defendant failed to meet his burden of proof.

“Defendant has not provided any proof whatsoever that it is not a business entity. Defendant’s counsel did not even provide an affidavit from her own client to support this allegation. Rather, Plaintiff is left with the factual allegations found in Defendant’s Motion to Dismiss,” the response states.

Keel also argues he provided enough facts to support his cause of action against the defendant.

Mollet filed a reply in support of his motion to dismiss on Nov. 9 through attorneys Martin Morrissey and Dominque Seymoure of Reed Armstrong Mudge & Morrissey in Edwardsville.

He argues that Wayne A. Mollett Auction Service “is not a corporation, LLC, LLP or any other type of legal entity recognized under Illinois law. Rather Wayne A. Mollett Auction Service is merely a fictitious name used by Wayne Mollet for his business.”

The defendant included an affidavit of Illinois Secretary of State Jesse White, which states that there is no entity with the name Wayne A. Mollett Auction Service in the state.

Circuit Judge Dennis Ruth filed a Nov. 4 order stating the parties agreed that the plaintiff will file an amended complaint within 30 days.

Ruth scheduled a case management conference for Feb. 22 at 9 a.m.

Keel seeks a judgment of more than $50,000, plus costs of the complaint.

Madison County Circuit Court case number 16-L-802

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Man facing life in prison over child sexual abuse conviction to get new trial; Callis improperly excluded defense witesses, ruling says

November 29, 2016, 7:02 am

≫ Next: Adoption agency accuses couple of failing to obtain home study in botched adoption suit

≪ Previous: Auctioneer supports motion to dismiss man’s suit alleging injures from upturned garden rake; Guest agrees to amend complaint

MOUNT VERNON – Former Madison County chief judge Ann Callis improperly excluded four defense witnesses from the sexual abuse trial of Michael Burgund, Fifth District appellate judges ruled on Nov. 22.
“These erroneous evidentiary rulings denied the defendant his constitutional right to a fair trial,” Justice Bruce Stewart wrote.
Burgund faced life in prison.
His witnesses would have backed his theory that former wife Melissa Burgund and her mother, Mary Buttry, extracted a false confession like a pair of rogue cops.
On April 4, 2011, Michael walked into the Alton police station and said he molested his two very young daughters.
Police recorded a statement, and grand jurors indicted Burgund on five counts of predatory criminal sexual assault of a child.
Prior to trial, Burgund disclosed psychologist Daniel Cuneo as an expert witness and submitted a letter from Cuneo outlining the testimony he would give.
Cuneo wrote that psychological difficulties would make Michael highly suggestible and easily led, especially in matters with religious or sexual overtones.
“His thinking is very obsessive and rigid,” Cuneo wrote.
The state moved to bar Cuneo, and Callis granted the motion without explanation.
Michael’s older daughter, five years old, testified at his trial.
Her testimony was vague and inconclusive, according to Stewart, but her mother and her grandmother provided abundant details.
Mary Buttry testified that the child told her, “I will never see my family again.”
Buttry said she asked the child if somebody said that to her.
“She put her head down and said daddy,” Buttry said.
She said she asked the child to show where she had been touched.
The child touched numerous areas, and her head and her shoulders, “and then she touched her genital area,” Buttry said.
She said she didn’t tell Melissa because she didn’t want to jump to conclusions.
Weeks later, Buttry said, the child said nobody could ever touch her.
Buttry said she asked if something happened, and the child said, “Daddy is very sorry and he’ll never do it again.”
She said the child made the statement again a few weeks later, and she again asked if something happened.
“She said don’t tell mommy,” Buttry said. “Mommy is going to be so mad.”
Buttry said she was present when Melissa confronted Michael.
According to Buttry, he kept saying, “If she said I did I must have, but I just don’t remember or something. Maybe if she said I did I must have but I don’t remember.”
Buttry said Melissa and Michael went upstairs, and she left him alone.
She said he came down, confessed to her, and said, “I would have just said the whole thing but I knew I’d go to jail.”
Melissa Burgund took the stand and testified that she and Michael often fought.
She said she blackened his eyes two or three times, and head butted him twice. She said she had an affair and he became aware of it.
In counseling, Michael said that while feeding the older daughter as an infant, he “often had images of putting the bottle or her binky in her private areas,” Melissa said.
Melissa said she didn’t call police because Michael assured her that, “they were simply thoughts and that he would never act on them.”
She said Michael stayed at Buttry’s house after telling Buttry what he had done. She said he called her and said he had been touching the girls at every chance.
She said he called again and said that after thinking about an episode of 48 Hours Mystery, he no longer believed he abused his daughters.
The state rested, and prosecutors moved to preclude Michael from presenting Ed Huebner and David Van Heusen as witnesses.
They argued it was improper impeachment and it involved collateral matters.
Callis excused the jury, and Huebner testified that Melissa told him she had supernatural power of discernment.
Huebner said she told him she felt a hand on her shoulder at a religious service and immediately felt sexual immorality within that person.
He said she turned and saw Van Heusen, her fiance.
Van Heusen testified that she accused him of having problems with lust.
He said she didn’t want him looking at billboards because she believed that if he saw another woman, his sexual thoughts would hinder their relationship.
He said the relationship ended after she punched him in the chest, neck and mouth.
Callis excluded the testimony of both men as impermissible hearsay.
She also excluded Buttry’s former husband, Dana McKee, who would have testified that Melissa falsely told people he sexually abused her and went to jail for it.
Michael claimed she made the statement to gain sympathy and acceptance in her church community, which frowned on divorce except in cases of adultery.
Callis said evidence on that would require a mini trial.
Michael Burgund took the stand and swore he didn’t abuse his children.
He said that Melissa once told him he made a bad decision on his brother’s advice when she was the one who heard from God.
“There was parts of me that says maybe she’s legit and maybe she’s not,” Michael said.
He said she resented him going on a mission trip and set a rule that the relationship would end if he left on trips.
He said she accused him of running around with other women and accused him of lusting when lotion commercials were on television.
He testified that she popped him when he couldn’t say he never had an impure thought about another woman. She wouldn’t allow him around her friends because she was convinced he lusted after them.
He said he sustained black eyes, bloody lips and noses, a concussion, and a gash on the forehead from a head butt. Further, she slashed across him with a knife, cutting his shirt and pants.
He said he didn’t call police because he loved her.
“She said I was so sexually perverted that I was doing things or had done things in the past that I had literally blacked out, meaning I didn’t remember any more because they were so graphic or disgusting,” he said.
When he told Buttry he couldn’t remember anything, she said his denial was killing his children and his wife, he said.
“I really believed that what they were saying to me was truer than what I thought I knew,” he said.
“You get to the point where you just can’t doubt it any more and that you might not know how to explain everything, but you just come to the place where okay, this is true and what I believed all along is really the lie.”
He said that after his arrest, it took three weeks to a month to realize that everything he confessed was wrong.
Jurors found Michael guilty, and Callis sentenced him for his natural life.
The sentence didn’t stick, for Fifth District judges ruled that jurors needed to hear from all the witnesses Callis excluded, starting with Cuneo.
“A person confessing to a crime based on a false memory is behavior that is contrary to the average person’s common sense assumptions and is not a matter of common knowledge,” Stewart wrote.
“We believe that a rational juror would not readily understand why an innocent defendant might falsely believe he had committed a crime.
“Expert testimony related to the defendant’s psychological makeup as it relates to the environment leading up to his confession might aid the trier of fact in understanding the defense and in evaluating the credibility of his confession.”
Stewart wrote that the testimony of Huebner and Van Heusen was not hearsay, and that Melissa’s relationship with Van Heusen gave credibility to her otherwise bizarre relationship with Michael.
He wrote that Michael was entitled to present McKee’s evidence of the potential interest, bias, or motive of Melissa and her mother.
He wrote that Melissa and her mother described the abuse that the child allegedly reported in much greater detail than what the child testified to at trial.
Further, he wrote that evidence of false accusations of sexual abuse in the past was relevant in establishing that Melissa may have believed she had something to personally gain from her testimony against Michael.
“A criminal defendant is given wide latitude to establish a witness’s bias, prejudice, or motive to testify falsely, particularly in the context of a criminal trial where the state’s evidence depends on the witness’s testimony,” Stewart wrote.
There were no third party witnesses, he wrote, and no physical evidence linking Michael to the alleged abuse.
“Melissa’s credibility, or lack thereof, lies at the heart of both the prosecution and the defense,” he wrote.
Justices Melissa Chapman and Judy Cates concurred.
Curtis Dawson, of Lucco Brown in Edwardsville, represented Michael Burgund.
Madison County state’s attorney Tom Gibbons represented the state, in association with the appellate prosecutor’s office in Mount Vernon.

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Adoption agency accuses couple of failing to obtain home study in botched adoption suit

November 29, 2016, 7:20 am

≫ Next: Man suing storage company for auctioning personal items seeks to dismiss counter claim

≪ Previous: Man facing life in prison over child sexual abuse conviction to get new trial; Callis improperly excluded defense witesses, ruling says

An adoption agency argues that a Jersey County couple failed to seek out an agency to provide a home study and consent to their adoption in a suit alleging a conflict of interest.

Plaintiffs Greg and Janet Warren claim they entered into a contractual relationship with attorney Deborah Crouse-Cobb of Crouse-Cobb & Bays in Collinsville on Nov. 22, 2013, to provide legal services related to the adoption of Jude Warren, a child.

However, they claim Crouse-Cobb failed to disclose her relationship with defendant Family Choices.

The Warrens allege Crouse-Cobb prepared a surrender document for the signature of the natural parents, but the document improperly designated Family Choices as the recipient of the child.

Crouse-Cobb also allegedly told the plaintiffs that it was necessary to appoint an agency to investigate the adoption of the child, but state statute has no such requirement if the child is related to the adopters, the Warrens claim in their August 2015 suit.

The Warrens further argue that the case was delayed for more than 12 months, which rendered the parental surrenders irreversible and caused the child to be placed with Family Choices. The adoption petition was ultimately dismissed.

Family Choices filed its affirmative defenses against the plaintiffs on Nov. 9 through attorney Raylene DeWitte Grischow of Hinshaw & Culbertson LLP in Springfield, Ill.

The defendant argues that the Warrens failed to exercise reasonable care in mitigating their damages. They also allegedly failed to seek out an agency that would issue an approving home study and consent to the Warrens adopting Jude Warren after the Nov. 22, 2013, court hearing.

Crouse-Cobb is represented by Gary Meadows of HeplerBroom in Edwardsville.

The plaintiffs are represented by John J. Hopkins & Associates in Alton.

Madison County Circuit Court case number 15-L-1518

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Man suing storage company for auctioning personal items seeks to dismiss counter claim

November 29, 2016, 7:45 am

≫ Next: St. Clair County foreclosures Nov. 16-22

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A man who claims his personal property was sold by a Collinsville storage company seeks to dismiss Ace Storage’s counter claim, arguing that all liens should be terminated.

The parties were ordered to file all dispositive motions by Dec. 9 and all responses or replies by Dec. 30. He then scheduled a motion hearing for Jan. 27 at 9 a.m.

Plaintiff Gary Tedford claims he began storing his personal belongings with defendant Ace Ventures-Collinsville LLC, doing business as Ace Storage, on Aug. 23, 2014, with the understanding that he would receive a late payment notice if his payments were 10 days overdue.

He claims Ace Storage failed to send the reminder and neglected to advertise a public auction of his belongings. Instead, the plaintiff alleges Ace Storage distributed his stored items to its employees, sold items at an auction and has refused to return the items to the plaintiff.

Ace Storage filed a counter claim against Tedford arguing that his claims are barred because he “committed a prior material breach of the agreement between the parties in that, among other things, Plaintiff failed to make timely payments under the agreement.”

The defendant adds that Tedford received notice of the delinquent balance on his account and that an auction date had been scheduled.

Ace Storage also argues that it was privileged and authorized to conduct an auction with respect to the personal property stored in the storage unit in order to attempt to satisfy the statutory lien held by the defendant.

The defendant alleges Tedford came to the storage facility the day before the scheduled auction and paid approximately half of the outstanding balance. However, he immediately “changed his mind” and demanded that the cash be returned to him.

Ace Storage says the plaintiff knew of the auction and still chose not to pay the balance and left the facilities.

Tedford filed a motion to dismiss Ace Storage’s counterclaim on Sept. 30. He argues that Ace Storage relies on a lien on all personal property located at the self-service storage facility for rent, labor or other charges.

“The basis of the Defendants (Ace Storage) counter claim is the value of that lien owed by the Plaintiff on the unpaid rent and reasonable charge incurred in its sale or other disposition pursuant to this Act,” the motion states.

Tedford argues that the Act further states that the lien on any personal property is terminated when the property is sold or otherwise disposed of by removing it from the storage facility.

“The Defendant Ace Storage gave up its right to collect on the lien, by having an auction, albeit an improper and illegal sale pursuant to the statute.

“The Defendant Ace Storage has conducted over five hundred auctions in the last five years in this County and at no time did it ever attempt to collect on an unpaid lien by court auction until now. They knew they were barred by statute to collect in this manner but in an act of malice toward me and my family is attempting to add insult to injury by filing this counter claim for an unpaid lien,” the motion states.

Tedford is representing himself pro se.

Ace Storage is represented by attorneys Theresa Phelps and John Gazzoli Jr. of Rosenblum Goldenhersh in St. Louis.

Madison County Circuit Court case number 15-L-1131

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St. Clair County foreclosures Nov. 16-22

November 29, 2016, 8:01 am

≫ Next: Madison County asbestos jury docket Dec. 5-9

≪ Previous: Man suing storage company for auctioning personal items seeks to dismiss counter claim

NOVEMBER 16, 2016

DITECH FINANCIAL V. SANDRA ANTHONY, $50,164.22, 2309 S. 6TH ST., MASCOUTAH. 16-CH-751
TRUHOME SOLUTIONS V. ARETHA AND MARCUS THOMAS AND MARK HALLORAN, $160,230.28, 738 WINFIELD DR., OFALLON. 16-CH-752

NOVEMBER 18, 2016

BANK OF AMERICA V. ROBERT AND ANTONIA WILLIAMS, $142,439.39, 19 NORTHLAND DR., BELLEVILLE. 16-CH-753
NATIONSTAR MORTGAGE V. STEPHEN BUNCHER AND MICHELLE KOWENS, $69,408.48, 211 W. 6TH ST., CAHOKIA. 16-CH-754
JP MORGAN CHASE BANK V. JAMI HARRIS, $70,795.03, 407 S. 1ST ST., CASEYVILLE. 16-CH-755
WELLS FARGO BANK V. GLADYS BAILEY, $171,563.43, 9126 BASSWOOD DR., FAIRVIEW HEIGHTS. 16-CH-756

NOVEMBER 21, 2016

UNITED SECURITY FINANCIAL GROUP V. PAUL AND PAULA DUTTON, $184,233.17, 2572 WINTERCREEK DR., BELLEVILLE. 16-CH-757
US BANK V. RODNEY AND KIMBERLY HAAS, $52,746.41, 618 LILA CT.,NEW BADEN. 16-CH-762
US BANK V. DANIEL AND AMANDA CATES, $193,817.73, 433 LONGLEAF CT., OFALLON. 16-CH-763

NOVEMBER 22, 2016

WELLS FARGO BANK V. AMBER MALEK, LINDY AGATE, JASON GRIMES, JADE GRIMES, JANA GELLER, DAVID GRIMES, JARROD GRIMES, BRETT GRIMES, HEIRS OF MARCIA ANDRES, $7,149.00, 418 N. 38TH ST., BELLEVILLE. 16-CH-759

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Madison County asbestos jury docket Dec. 5-9

November 29, 2016, 8:15 am

≫ Next: Madison County asbestos motion docket Dec. 5-9

≪ Previous: St. Clair County foreclosures Nov. 16-22

Monday, December 5

9:00 AM

SCARFO SPEDITO V. AII ACQUISITIONS LLC FKA AII A
15-L-000737, ASBESTOS J 327

GRAVES GEORGE ANDREW INDIVIDUA V. AERCO INTERNATIONAL INC
14-L-000670, ASBESTOS J 327

MARTIN RICHARD W V. AIR AND LIQUID SYSTEMS CORP AS
15-L-000703, ASBESTOS J 327

PAJACZKOWSKI WALTER V. AIR AND LIQUID SYSTEMS CORP AS
15-L-001203, ASBESTOS J 327

JOHNSON ROBERT T V. AERCO INTERNATIONAL INC
15-L-001586, ASBESTOS J 327

SMITH DANNY V. AERCO INTERNATIONAL INC
15-L-001665, ASBESTOS J 327

MATTHEWS JOANNE L V. AERCO INTERNATIONAL INC
16-L-000423, ASBESTOS J 327

PARKER WILLIAM NEIL V. AERCO INTERNATIONAL INC
16-L-000430, ASBESTOS J 327

YARGES PAUL V. AII ACQUISITIONS LLC FKA AII A
14-L-001480, ASBESTOS J 327

ALLEN VICKI L INDIVIDUALLY V. ALFA LAVAL INC
11-L-001069, ASBESTOS J 327

BALLENGER HURLEY V. ALCATEL-LUCENT USA INC AS SUCC
13-L-001410, ASBESTOS J 327

HUMPHREYS JAMES INDIVIDUALLY V. AIR AND LIQUID SYSTEMS CORP AS
14-L-000971, ASBESTOS J 327

MONSCHAU HERBERT V. A W CHESTERTON COMPANY
14-L-001078, ASBESTOS J 327

ARTHAUD DELBERT WAYNE INDIVIDU V. AERCO INTERNATIONAL INC
15-L-001345, ASBESTOS J 327

MACOM FLOYD H V. AGCO CORPORATION FKA MASSEY FE
15-L-001623, ASBESTOS J 327

THOMPSON DAVID R V. AIR & LIQUID SYSTEMS CORP AS S
16-L-000413, ASBESTOS J 327

CLARK IVA V. A.O. SMITH CORPORATION
12-L-000751, ASBESTOS J 327

NEWMAN STEPHEN V. ACF INDUSTRIES LLC
12-L-000778, ASBESTOS J 327

STEPHENS FLORENCE INDIVIDUALLY V. ALBANY INTERNATIONAL CORPORATI
12-L-000849, ASBESTOS J 327

SMITH IVA M V. ADVANCE AUTO PARTS, INC.,
12-L-000854, ASBESTOS J 327

ADAIR RANDY V. A.O. SMITH CORPORATION
12-L-000998, ASBESTOS J 327

HOLLIS DON V. A.O. SMITH CORPORATION
12-L-001014, ASBESTOS J 327

BUTLER JAMES V. ADVANCE AUTO PARTS INC
12-L-001027, ASBESTOS J 327

VEST CLIFFORD JR V. 84 LUMBER COMPANY
13-L-000319, ASBESTOS J 327

KUTZSCHER STEPHEN AS SPC ADM O V. ARMSTRONG INTERNATIONAL INC
13-L-001281, ASBESTOS J 327

PIERCE MAX E V. AIR & LIQUID SYSTEMS CORP AS S
15-L-001454, ASBESTOS J 327

CONTOS JOHN V. AIR AND LIQUID SYSTEMS CORP AS
15-L-000476, ASBESTOS J 327

GREVEN THEODORUS F V. AIR & LIQUID SYSTEMS CORP AS S
15-L-000559, ASBESTOS J 327

RASCO EZELL V. ACF INDUSTRIES LLC
12-L-000930, ASBESTOS J 327

WHITAKER FLOYD V. AII ACQUISITIONS LLC FKA AII A
15-L-000265, ASBESTOS J 327

WEYGANDT RONALD V. AII ACQUISITIONS LLC FKA AII A
16-L-000172, ASBESTOS J 327

STUTTS DEBRA ANN INDIVIDUALLY V. AERCO INTERNATIONAL INC
14-L-000960, ASBESTOS J 327

BRANHAM JUDITH L INDIVIDUALLY V. ACF INDUSTRIES LLC
12-L-000846, ASBESTOS J 327

KING ESTHER INDIVIDUALLY V. AIR AND LIQUID SYSTEMS CORP AS
13-L-001078, ASBESTOS J 327

BEHM MARILYN INDIVIDUALLY V. A W CHESTERTON CO
12-L-000733, ASBESTOS J 327

COLON CRISTOBAL V. ADVANCE AUTO PARTS INC
12-L-000747, ASBESTOS J 327

STEEL EARL JR INDIVIDUALLY V. ACF INDUSTRIES LLC
12-L-000918, ASBESTOS J 327

FAIR STANLEY V. ADVANCE AUTO PARTS, INC.;
12-L-000959, ASBESTOS J 327

HIGBY DONALD V. A.O. SMITH CORPORATION
12-L-000969, ASBESTOS J 327

CLAFLIN FRANK C V. ADM MALTING COMPANY INC
12-L-000982, ASBESTOS J 327

MAYNARD LONNIE V. 84 LUMBER COMPANY
12-L-001077, ASBESTOS J 327

YOUNG JOHNNY V. 84 LUMBER COMPANY
12-L-001078, ASBESTOS J 327

CHEATHAM SHERMAN W V. TREMCO INCORPORATED
13-L-000442, ASBESTOS J 327

DENTON ROBERT F V. AIR & LIQUID SYSTEMS CORP AS S
13-L-001736, ASBESTOS J 327

BESSER LAWRENCE V. AERCO INTERNATIONAL INC
14-L-000634, ASBESTOS J 327

KLEINHANS JACQUELINE INDIVIDUA V. AIR & LIQUID SYSTEMS CORP AS S
14-L-001663, ASBESTOS J 327

CANTU JOSE V. AIR AND LIQUID SYSTEMS CORP AS
15-L-000870, ASBESTOS J 327

WARNOCK WILLIAM R V. AERCO INTERNATIONAL INC
15-L-000900, ASBESTOS J 327

DAICHENDT MICHAEL V. AIR AND LIQUID SYSTEMS CORP AS
15-L-000908, ASBESTOS J 327

WILSON ROBERT E V. AIR AND LIQUID SYSTEMS CORP AS
15-L-001085, ASBESTOS J 327

EGOLF EDWARD V. AERCO INTERNATIONAL INC
15-L-001156, ASBESTOS J 327

ADDISON EDGAR L V. CBS CORPORATION, A DELAWARE CO
12-L-000806, ASBESTOS J 327

SHIVLEY RODNEY V. AAMCO TOOLS AKA HENNESSY INDUS
12-L-001024, ASBESTOS J 327

CHILDS DAVID E V. 84 LUMBER COMPANY
12-L-001071, ASBESTOS J 327

BAKER HICE V. 84 LUMBER COMPANY
12-L-001075, ASBESTOS J 327

FERENSIC DAVID V. AERCO INTERNATIONAL INC
13-L-001006, ASBESTOS J 327

BOWERS SUMNER V. 84 LUMBER COMPANY
13-L-002185, ASBESTOS J 327

HALL JANET INDIVIDUALLY V. ALDRICH COMPANY A SUBSIDIARY O
10-L-001159, ASBESTOS J 327

Tuesday, December 6

9:00 AM

KISER KATHRYN INDIVIDUALLY V. AIR PRODUCTS AND CHEMICALS INC
13-L-001444, ASBESTOS J 327

Wednesday, December 7

9:00 AM

BURGESS FRANCES V. ALBANY INTERNATIONAL CORP SUCC
14-L-001334, ASBESTOS J 327

Friday, December 9

9:00 AM

ELLIOTT KIMBERLY INDIVIDUALLY V. AERCO INTERNATIONAL INC
14-L-001583, ASBESTOS J 327

TRUEBLOOD LAWRENCE V. ALL ACQUISITIONS LLC F/K/A ATH
15-L-000959, ASBESTOS J 327

MASTERSON HELENE A V. AO SMITH CORPORATION
16-L-000212, ASBESTOS J 327

KINNEY WENDELL V. 4520 CORP INC SUCCESSOR IN INT
16-L-000258, ASBESTOS J 327

SWANSON RONALD V. AERCO INTERNATIONAL INC
16-L-000427, ASBESTOS J 327

ANDRADE ROSIE INDIVIDUALLY V. ACF INDUSTRIES
14-L-000888, ASBESTOS J 327

ELKINS JERRY L V. AERCO INTERNATIONAL INC
15-L-000734, ASBESTOS J 327

RANDALL ROBERT R V. AII ACQUISITIONS LLC FKA AII A
15-L-001003, ASBESTOS J 327

JOHNSON ROBERT T V. AERCO INTERNATIONAL INC
15-L-001586, ASBESTOS J 327

DAE GEIVER INDIVIDUALLY V. AERCO INTERNATIONAL INC
16-L-000024, ASBESTOS J 327

SHERMER DOROTHY INDIVIDUALLY V. 84 LUMBER
16-L-000133, ASBESTOS J 327

TOBLER JEROME V. 3M COMPANY
16-L-000256, ASBESTOS J 327

KUNES BERNARD V. 3M COMPANY
16-L-000286, ASBESTOS J 327

REA RALPH V. AERCO INTERNATIONAL INC
16-L-000344, ASBESTOS J 327

MATTHEWS JOANNE L V. AERCO INTERNATIONAL INC
16-L-000423, ASBESTOS J 327

GUZMAN JOHN INDIVIDUALLY V. 84 LUMBER
16-L-000435, ASBESTOS J 327

SNYDER STEVEN V. AW CHESTERTON COMPANY
16-L-000456, ASBESTOS J 327

GOODMAN CLEVEN DOUGLAS V. AII ACQUISITIONS LLC FKA AII A
16-L-000576, ASBESTOS J 327

ROBERTS KARLYNN INDIVIDUALLY V. 4520 CORP INC SUC IN INT TO BE
16-L-000594, ASBESTOS J 327

BROWN JOYCE INDIVIDUALLY V. AII ACQUISITIONS LLC FKA AII A
16-L-000597, ASBESTOS J 327

TYLER EUGENE V. 4520 CORP INC SUCCESSOR IN INT
16-L-000737, ASBESTOS J 327

BARNETT ERLENE V. 3 M COMPANY
16-L-000748, ASBESTOS J 327

ROTERT RUTH INDIVIDUALLY V. 3 M COMPANY
16-L-000862, ASBESTOS J 327

MAZZARESE JOSEPH V. 3 M COMPANY
16-L-000879, ASBESTOS J 327

COGGINS SHELIA INDIVIDUALLY V. 4520 CORP INC SUC INI NT TO BE
16-L-001012, ASBESTOS J 327

WITTER RANDALL V. ARMSTRONG INTERNATIONAL INC
16-L-001191, ASBESTOS J 327

HUNTER SUE ELLEN INDIVIDUALLY V. AR WILFLEY & SONS INC
16-L-001202, ASBESTOS J 327

BABCOCK JOSEPH PAUL V. 84 LUMBER COMPANY A LIMITED PA
16-L-001234, ASBESTOS J 327

PATEL CHHOTU V. 3M COMPANY FKA MINNESOTA MININ
16-L-001253, ASBESTOS J 327

USCANGA SAUL AND V. AII ACQUISITIONS LLC FKA AII A
16-L-001286, ASBESTOS J 327

TAYLOR RAE V. 3 M COMPANY
16-L-001292, ASBESTOS J 327

PAPAJCIK ROBERT V. 3 M COMPANY
16-L-001348, ASBESTOS J 327

GRAVELY KENNETH V. AFC-HOLCROFT LLC
16-L-001371, ASBESTOS J 327

JOHNSON RALPH V. 3 M COMPANY
16-L-001404, ASBESTOS J 327

KRAMER FRANK V. 3M COMPANY FKA MINNESOTA MININ
16-L-001055, ASBESTOS J 327

LOIACONO SALVATORE JR V. 3M COMPANY
12-L-001338, ASBESTOS J 327

HOTOP STONEY EUGENE INDIVIDUAL V. AERCO INTERNATIONAL INC
14-L-001215, ASBESTOS J 327

THOMAS WILLIE V. 4520 CORP INC
14-L-001417, ASBESTOS J 327

KELLAMS EDWARD V. AERCO INTERNATIONAL INC
15-L-000002, ASBESTOS J 327

KOZIOL PAUL V. 3 M COMPANY
16-L-001104, ASBESTOS J 327

LYMAN CHARLES V. AH BENNETT COMPANY
11-L-001176, ASBESTOS J 327

REEVES OLIVER V. AW CHESTERTON COMPANY
12-L-000186, ASBESTOS J 327

MCLELLAN ROBERT V. AH BENNETT COMPANY
12-L-000537, ASBESTOS J 327

OREHEK DENNIS V. AW CHESTERTON COMPANY
12-L-001238, ASBESTOS J 327

PRICE BETTY V. AW CHESTERTON COMPANY
11-L-001028, ASBESTOS J 327

WATTS SANDRA D INDIVIDUALLY V. 4520 CORP INC FKA BENJAMIN F S
12-L-002032, ASBESTOS J 327

MCCANDLESS DIANE INDIVIDUALLY V. A W CHESTERTON COMPANY
13-L-001283, ASBESTOS J 327

DEGREGORIO RICHARD V. AERCO INTERNATIONAL INC
13-L-001901, ASBESTOS J 327

REYNOLDS ROBERT V. A W CHESTERTON COMPANY
13-L-001915, ASBESTOS J 327

SLONE JOHNNIE INDIVIDUALLY V. 84 LUMBER
14-L-001734, ASBESTOS J 327

CHRISTIE CHARLENE INDIVIDUALLY V. 4520 CORP INC
14-L-001780, ASBESTOS J 327

QUILLEN JANET F INDIV V. AIR AND LIQUID SYSTEMS CORP
15-L-000167, ASBESTOS J 327

ODOM PAMELA V. 84 LUMBER
15-L-000274, ASBESTOS J 327

SCHINDLER DAVID INDIVIDUALLY V. A O SMITH CORPORATION
15-L-000916, ASBESTOS J 327

PAYNE CATHEY V. AIR & LIQUID SYSTEMS CORPORATI
15-L-001111, ASBESTOS J 327

HARVATH VICKI V. ABB INC SUCC TO ITE ELECTRICAL
15-L-001164, ASBESTOS J 327

SMITH CLIFFORD V. 84 LUMBER
15-L-001313, ASBESTOS J 327

TURNER RONALD V. AERCO INTERNATIONAL INC
15-L-001316, ASBESTOS J 327

FREER ROBERTA INDIVIDUALLY V. ADVANCE AUTO PARTS INC
15-L-001361, ASBESTOS J 327

SARAKUN WILLIAM V. AO SMITH CORPORATION
15-L-001427, ASBESTOS J 327

NELSON CHARLES R V. AO SMITH CORPORATION
15-L-001539, ASBESTOS J 327

NAPIER REBECCA V. 3M COMPANY
16-L-000029, ASBESTOS J 327

MONTAGUE WILLIAM V. 3 M COMPANY
16-L-000208, ASBESTOS J 327

BELL ELMER V. 3 M COMPANY
16-L-000349, ASBESTOS J 327

YOUNG GENE V. 3 M COMPANY
16-L-000524, ASBESTOS J 327

MONTELL JAMES V. 3 M COMPANY
16-L-000876, ASBESTOS J 327

PAINE CHARLES V. 3 M COMPANY
16-L-000979, ASBESTOS J 327

CAMILLERI TERRENCE V. 3 M COMPANY
16-L-000998, ASBESTOS J 327

MERRITT LEE K V. 3 M COMPANY
16-L-001064, ASBESTOS J 327

COTTON JOHN V. 3M COMPANY FKA MINNESOTA MININ
16-L-001178, ASBESTOS J 327

DIXON HUBERT V. 3 M COMPANY
16-L-001201, ASBESTOS J 327

REAMS DORIS INDIVIDUALLY V. ABB INC
16-L-001219, ASBESTOS J 327

CIMINO MICHAEL V. 3M COMPANY FKA MINNESOTA MININ
16-L-001240, ASBESTOS J 327

HEROLD THOMAS V. 3M COMPANY FKA MINNESOTA MININ
16-L-001243, ASBESTOS J 327

MACLEAN JAMES V. 3M COMPANY FKA MINNESOTA MININ
16-L-001290, ASBESTOS J 327

HOWMAN CHARLES INDIVIDUALLY V. AW CHESTERTON COMPANY
16-L-001298, ASBESTOS J 327

HASH SUSAN V. 3 M COMPANY
16-L-001299, ASBESTOS J 327

FEDDERSEN BRUCE V. 3 M COMPANY
16-L-001303, ASBESTOS J 327

BROWN LONNIE V. AEROQUIP CORPORATION
12-L-001831, ASBESTOS J 327

BROWN RAMONA INDIVIDUALLY V. AMERON INTERNATIONAL CORPORATI
13-L-001538, ASBESTOS J 327

WALLACE WILLIAM V. ADVOCATE MINES LTD
13-L-001599, ASBESTOS J 327

ZACH ROMAN V. AGCO CORPORATION FKA MASSEY FE
13-L-001830, ASBESTOS J 327

ARCHER PAMELA INDIVIDUALLY V. AMERICAN OPTICAL CORPORATION
14-L-001074, ASBESTOS J 327

JOHNSTON MARY N INDIVIDUALLY V. AMERICAN OPTICAL CORP
14-L-001173, ASBESTOS J 327

BRIDEN SANDRA INDIVIDUALLY V. AERCO INTERNATIONAL INC
14-L-001468, ASBESTOS J 327

ATKINS LINDA INDIVIDUALLY V. AERCO INTERNATIONAL INC
14-L-001595, ASBESTOS J 327

MCLAUGHLIN MELISSA V. AMERICAN OPTICAL CORP
14-L-001717, ASBESTOS J 327

BARRETT LAURA A INDIVIDUALLY V. AGCO CORP FKA MASSEY FERGUSON
15-L-000089, ASBESTOS J 327

JANZ LORRAINE INDIVIDUALLY V. ALBANY INTERNATIONAL CORP SUCC
15-L-000963, ASBESTOS J 327

STURDEVANT MATTHEW V. ALBANY INTERNATIONAL CORP SUCC
15-L-001051, ASBESTOS J 327

ALLEN BARBARA V. AERCO INTERNATIONAL INC
15-L-001381, ASBESTOS J 327

MEARA FRANK V. AMEREN ILLINOIS CO
15-L-000464, ASBESTOS J 327

KELLY BRUCE V. 3M COMPANY
15-L-001619, ASBESTOS J 327

CASILLAS RODOLFO V. 3 M COMPANY
16-L-000541, ASBESTOS J 327

ROBERTS WILLIAM V. 3 M COMPANY
16-L-001209, ASBESTOS J 327

SHATTUCK JUDITH INDIVIDUALLY V. AERCO INTERNATIONAL INC
14-L-001310, ASBESTOS J 327

DESJARDINS RITA V. ALBANY INTERNATIONAL CORP SUCC
15-L-000530, ASBESTOS J 327

FAUST BEVERLY V. AMERON INTERNATIONAL CORP SUCC
15-L-000943, ASBESTOS J 327

GROSKREUTZ RUBEN V. 3M COMPANY
16-L-000343, ASBESTOS J 327

PETERS THOMAS V. 3 M COMPANY
16-L-000354, ASBESTOS J 327

BARHITE KENNETH V. 3 M COMPANY
16-L-000358, ASBESTOS J 327

BOONE JUDY INDIVIDUALLY V. 3M COMPANY
16-L-000441, ASBESTOS J 327

MCLEAN DIANE INDIVIDUALLY V. AFC HOLCROFT LLC
11-L-001126, ASBESTOS J 327

MCCULLY WILLIAM L V. AW CHESTERTON COMPANY
14-L-000482, ASBESTOS J 327

CORMIER GARY J II V. ABB INC INDIVIDUALLY AND AS SU
15-L-001580, ASBESTOS J 327

DALTON STEPHEN G INDIVIDUALLY V. AFC HOLCROFT LLC C/O CORPORATI
11-L-001230, ASBESTOS J 327

SMITH MARK V. 3 M COMPANY
16-L-000630, ASBESTOS J 327

BAILEY SEAN INDIVIDUALLY V. 3 M COMPANY
16-L-000929, ASBESTOS J 327

KOPRIVICA BARBARA V. 3 M COMPANY
16-L-000956, ASBESTOS J 327

GARNER RICKY V. 3M COMPANY
16-L-001024, ASBESTOS J 327

PERCER ROBERT V. 3 M COMPANY
16-L-001198, ASBESTOS J 327

SANDERS JAMES V. AMERON INTERNATIONAL CORPORATI
16-L-000742, ASBESTOS J 327

REGALADO EDUARDO V. A.W. CHESTERTON COMPANY
14-L-000071, ASBESTOS J 327

SOTZ ELIZABETH J INDIVIDUALLY V. AW CHESTERTON INC
15-L-000138, ASBESTOS J 327

VINKE DANIEL INDIVIDUALLY V. A W CHESTERTON COMPANY
15-L-001391, ASBESTOS J 327

BLOCK THOMAS V. ALLIED INSULATION SUPPLY CO IN
14-L-001287, ASBESTOS J 327

CHAD GOHMAN INDIVIDUALLY V. AH BENNET COMPANY
15-L-001141, ASBESTOS J 327

COLVIN JAMES V. ABB INC SUCC TO ITE ELECTRICAL
15-L-001256, ASBESTOS J 327

LANE ALAN V. AIR & LIQUID SYSTEMS CORPORATI
15-L-001403, ASBESTOS J 327

HARDKE LYNN M INDIVIDUALLY V. 3M COMPANY FKA MINNESOTA MININ
15-L-001554, ASBESTOS J 327

MINNIECHESKE JAMES INDIVIDUALL V. 3M COMPANY
16-L-000096, ASBESTOS J 327

KRUGER DONNA V. 3 M COMPANY
16-L-000272, ASBESTOS J 327

MURUATO MARIO SR V. 3M COMPANY
16-L-000415, ASBESTOS J 327

ERICKSON KELLY V. 3 M COMPANY
16-L-000536, ASBESTOS J 327

SMITH DUANE V. BOEING COMPANY THE
16-L-000538, ASBESTOS J 327

RUIZ EDMUNDO V. 3M COMPANY FKA MINNESOTA MININ
16-L-000634, ASBESTOS J 327

PADGETT VICKI INDIVIDUALLY V. 3 M COMPANY
16-L-000775, ASBESTOS J 327

GILLIS MICHAEL V. 3 M COMPANY
16-L-000885, ASBESTOS J 327

LEVERETT CLIFFORD V. AIR & LIQUID SYSTEMS CORPORATI
16-L-000944, ASBESTOS J 327

BELPEDIO PHILIP V. AH BENNETT COMPANY
16-L-001184, ASBESTOS J 327

STAHLE RAYMOND INDIVIDUALLY V. 3 M COMPANY
16-L-001275, ASBESTOS J 327

ADAMS SHARON V. 3 M COMPANY
16-L-001295, ASBESTOS J 327

LESTER EDWARD V. 3 M COMPANY
16-L-001326, ASBESTOS J 327

CARVER CHARLES V. A W CHESTERTON INC
09-L-000433, ASBESTOS J 327

GILCHRIST DEBORAH INDIVIDUALLY V. A W CHESTERTON INC
09-L-001147, ASBESTOS J 327

PAUSCHER ERNEST V. A W CHESTERTON COMPANY
11-L-000396, ASBESTOS J 327

PETERS WILBUR F V. AW CHESTERTON COMPANY
11-L-000825, ASBESTOS J 327

RABY PAUL J V. A W CHESTERTON COMPANY
11-L-000949, ASBESTOS J 327

PUGH TERESA INDIVIDUALLY V. AMERICAN BOILER TANK & WELDING
11-L-001238, ASBESTOS J 327

MAGOWAN HARRY C V. AW CHESTERTON COMPANY
11-L-001277, ASBESTOS J 327

WALDAU LARRY D INDIVIDUALLY V. A L EASTMOND & SONS INC
11-L-001378, ASBESTOS J 327

ORTIZ RICHARD V. A W CHESTERTON COMPANY
11-L-001396, ASBESTOS J 327

MORRIS ROBERT V. A W CHESTERTON COMPANY
12-L-000538, ASBESTOS J 327

POWERS KAREN V. AW CHESTERTON COMPANY
12-L-000556, ASBESTOS J 327

MCDANIEL RULON V. AW CHESTERTON COMPANY
12-L-000563, ASBESTOS J 327

MICHELS LYLE V. AW CHESTERTON COMPANY
12-L-000609, ASBESTOS J 327

O'BRIEN WILLIAM V. AO SMITH CORPORATION
12-L-000663, ASBESTOS J 327

RAGAS WILFRED INDIVIDUALLY V. AW CHESTERTON COMPANY
12-L-000700, ASBESTOS J 327

MANNING CARROLL V. AW CHESTERTON COMPANY
12-L-000771, ASBESTOS J 327

REEDUS ROBERT V. AW CHESTERTON COMPANY
12-L-000948, ASBESTOS J 327

PHILLION MARY V. AW CHESTERTON COMPANY
12-L-001173, ASBESTOS J 327

LYONS GLORIA V. A W CHESTERTON COMPANY
12-L-001519, ASBESTOS J 327

MCCALL FORD KIMBERLY INDIVIDUA V. A W CHESTERTON COMPANY
12-L-001638, ASBESTOS J 327

PRIMM TERRY INDIVIDUALLY V. AW CHESTERTON COMPANY
12-L-001667, ASBESTOS J 327

MILICEVIC JOSE V. AW CHESTERTON COMPANY
12-L-001784, ASBESTOS J 327

PRESBY R LAURAYNE INDIVIDUALLY V. AW CHESTERTON COMPANY
13-L-000166, ASBESTOS J 327

PSIHOS ADRIENNE A INDIVIDUALLY V. AH BENNETT COMPANY
13-L-000198, ASBESTOS J 327

LOEHR ROLAND V. A O SMITH CORPORATION
13-L-000264, ASBESTOS J 327

MAY VERNITA INDIVIDUALLY V. AW CHESTERTON COMPANY
13-L-000355, ASBESTOS J 327

PRINCE DAVID INDIVIDUALLY V. A W CHESTERTON COMPANY
13-L-000424, ASBESTOS J 327

POLOWYJ JOHN V. AW CHESTERTON COMPANY
13-L-000525, ASBESTOS J 327

ODANIEL JOHNNIE L V. AW CHESTERTON COMPANY
13-L-000929, ASBESTOS J 327

ODATO JOHN V. AO SMITH CORPORATION
13-L-001184, ASBESTOS J 327

POTEET DONNIE J V. 3M COMPANY
13-L-001267, ASBESTOS J 327

OSBORN WALTER V. AW CHESTERTON COMPANY
13-L-001269, ASBESTOS J 327

QUIMBY DARYLL INDIVIDUALLY V. AW CHESTERTON COMPANY
13-L-001296, ASBESTOS J 327

MCCOY CHARLES INDIVIDUALLY V. A W CHESTERTON COMPANY
13-L-001501, ASBESTOS J 327

MORRALL DWAYNE V. AW CHESTERTON COMPANY
13-L-001733, ASBESTOS J 327

LODEWEGEN RICHARD V. A O SMITH CORPORATION
13-L-001843, ASBESTOS J 327

REITZES CAROL ANN INDIVIDUALLY V. A O SMITH CORPORATION
13-L-001844, ASBESTOS J 327

MCGINNIS GORDON V. AW CHESTERTON COMPANY
13-L-001866, ASBESTOS J 327

NYE MELINDA A V. AW CHESTERTON COMPANY
13-L-001907, ASBESTOS J 327

HORN LINDELL K V. AMEREN ILLINOIS COMPANY
13-L-001934, ASBESTOS J 327

LINDLEY JUDITH A V. AW CHESTERTON COMPANY
13-L-002040, ASBESTOS J 327

POTTER JAMES M V. 3M COMPANY
13-L-002080, ASBESTOS J 327

PUTZ JOAN M INDIVIDUALLY V. AW CHESTERTON COMPANY
13-L-002170, ASBESTOS J 327

POWELL MICHAEL V. AW CHESTERTON COMPANY
14-L-000166, ASBESTOS J 327

MIDDENDORF DIANA INDIVIDUALLY V. A W CHESTERTON COMPANY
14-L-000195, ASBESTOS J 327

NELSON TRACY V. A W CHESTERTON COMPANY
14-L-000470, ASBESTOS J 327

PRUETT JACK V. AW CHESTERTON COMPANY
14-L-000472, ASBESTOS J 327

MCBRIDE EDWARD V. AW CHESTERTON COMPANY
14-L-000527, ASBESTOS J 327

ADGATE RICHARD V. ADGATE NANCY
15-L-000580, ASBESTOS J 327

TUCKER KENNETH V. BAXTER INTERNATIONAL, INC SUCC
15-L-000653, ASBESTOS J 327

MALONE BOBBY V. A W CHESTERTON COMPANY
15-L-001072, ASBESTOS J 327

KIRKVOLD SALLY V. AMERICAN HONDA MOTOR CO INC
16-L-000912, ASBESTOS J 327

BUSBY ROBBIE L INDIVIDUALLY V. AMERICAN HONDA MOTOR COMPANY I
16-L-000916, ASBESTOS J 327

MAYO DAVID V. AO SMITH CORPORATION
13-L-000297, ASBESTOS J 327

NISEN MICHELLE INDIVIDUALLY V. A W CHESTERTON COMPANY
11-L-000753, ASBESTOS J 327

MAYNARD JANICE V. A O SMITH CORPORATION
11-L-001418, ASBESTOS J 327

REISDORPH RONALD V. A W CHESTERTON COMPANY
12-L-000343, ASBESTOS J 327

PATTERSON BARBARA INDIVIDUALLY V. AW CHESTERTON COMPANY
12-L-000550, ASBESTOS J 327

LORFING JAMES V. A SCHULMAN INC
12-L-000704, ASBESTOS J 327

LOCKARD CARL V. AW CHESTERTON COMPANY
12-L-000896, ASBESTOS J 327

NACHTMAN HAROLD V. AW CHESTERTON COMPANY
12-L-001294, ASBESTOS J 327

MCMILLAN BRUCE V. A W CHESTERTON COMPANY
12-L-001542, ASBESTOS J 327

MORTENSEN GERALD V. A H BENNETT COMPANY
12-L-001689, ASBESTOS J 327

PROKOTT LEO V. A SCHULMAN INC
12-L-001725, ASBESTOS J 327

MORRISON CHERYL INDIVIDUALLY V. A O SMITH CORPORATION
13-L-001030, ASBESTOS J 327

PELIKAN JOSEPH V. AW CHESTERTON COMPANY
10-L-001229, ASBESTOS J 327

NOVAK DAVID C V. AL EASTMOND & SONS INC
12-L-000073, ASBESTOS J 327

MACLEOD LYNDA V. A W CHESTERTON COMPANY
13-L-000073, ASBESTOS J 327

PURKEY JACK V. AH BENNETT COMPANY
11-L-000928, ASBESTOS J 327

MONSON WALTER V. AW CHESTERTON COMPANY
12-L-000119, ASBESTOS J 327

MINOR SHERRILL V. A W CHESTERTON COMPANY
14-L-000219, ASBESTOS J 327

MCVEY LARRY V. AO SMITH CORPORATION
11-L-000329, ASBESTOS J 327

MARTINEZ GEORGE INDIVIDUALLY V. A W CHESTERTON COMPANY
11-L-000944, ASBESTOS J 327

MAGNES JOHN V. A W CHESTERTON COMPANY
11-L-000981, ASBESTOS J 327

FUNK JAMES INDIVIDUALLY V. AW CHESTERTON COMPANY
11-L-001003, ASBESTOS J 327

OHLMAN JUNE E V. AW CHESTERTON COMPANY
11-L-001072, ASBESTOS J 327

MCFARLAND DOROTHY V. A W CHESTERTON COMPANY
11-L-001189, ASBESTOS J 327

OBRADOVIC JOHN V. AW CHESTERTON COMPANY
11-L-001231, ASBESTOS J 327

MACKEY TOMMY V. AW CHESTERTON COMPANY
11-L-001232, ASBESTOS J 327

MCATEE ARLEIGH V. AW CHESTERTON COMPANY
11-L-001252, ASBESTOS J 327

PREISS HARRY JR V. A SCHULMAN INC
12-L-000031, ASBESTOS J 327

MINIER MARGUERITE V. A SCHULMAN INC
12-L-000088, ASBESTOS J 327

PINEX CARL V. A W CHESTERTON COMPANY
12-L-000126, ASBESTOS J 327

MAURER JOHN C V. AW CHESTERTON COMPANY
12-L-000188, ASBESTOS J 327

MCMILLIN CARL V. A W CHESTERTON COMPANY
12-L-000321, ASBESTOS J 327

MCCLENNEY GERTRUDE INDIVIDUALL V. A O SMITH CORPORATION
12-L-000497, ASBESTOS J 327

PLANK JENNIFER V. A W CHESTERTON COMPANY
12-L-000536, ASBESTOS J 327

MITCHELL SHEILA INDIVIDUALLY V. A W CHESTERTON COMPANY
12-L-001293, ASBESTOS J 327

PALOS JULIAN V. A W CHESTERTON COMPANY
12-L-001639, ASBESTOS J 327

MILLER ROBERT II INDIVIDUALLY V. AW CHESTERTON COMPANY
12-L-001785, ASBESTOS J 327

MORRIS DENVER V. A W CHESTERTON COMPANY
12-L-001798, ASBESTOS J 327

MOORE WILLIAM V. AH BENNETT COMPANY
12-L-001817, ASBESTOS J 327

JOHNS DEBRA A INDIVIDUALLY V. BORGWARNER MORSE TEC INC AS SU
12-L-002038, ASBESTOS J 327

NELSON EFFIE V. AW CHESTERTON COMPANY
13-L-000092, ASBESTOS J 327

NASH RONNIE INDIVIDUALLY V. A W CHESTERTON COMPANY
13-L-000252, ASBESTOS J 327

OLDNETTLE ROBERT V. AIR AND LIQUID SYSTEMS CORPORA
13-L-000966, ASBESTOS J 327

MCCORD PAUL G V. AW CHESTERTON COMPANY
13-L-001344, ASBESTOS J 327

METREE ISABELL V. AW CHESTERTON COMPANY
13-L-001478, ASBESTOS J 327

DESJARDINS KAREN INDIVIDUALLY V. AW CHESTERTON COMPANY
13-L-001511, ASBESTOS J 327

NICHOLS THOMAS G V. AW CHESTERTON COMPANY
13-L-001598, ASBESTOS J 327

NELSON MARVIN V. AH BENNETT COMPANY
13-L-001799, ASBESTOS J 327

PIZZIO ELLEN V. AW CHESTERTON COMPANY
13-L-001942, ASBESTOS J 327

ORNDORFF ALLIE S INDIVIDUALLY V. AW CHESTERTON COMPANY
13-L-002134, ASBESTOS J 327

NOYES PETER V. A W CHESTERTON COMPANY
14-L-000107, ASBESTOS J 327

MYERS RUSSELL L V. A.W. CHESTERTON COMPANY
12-L-000540, ASBESTOS J 327

MINOR RALPH V. AW CHESTERTON COMPANY
13-L-001415, ASBESTOS J 327

OSTENDORF WALTER V. AO SMITH CORPORATION
13-L-001924, ASBESTOS J 327

KING W DENNIS W D V. AIR & LIQUID SYSTEMS INC AS SU
16-L-001471, ASBESTOS J 327

THORNBURG ALFRED V. AW CHESTERTON COMPANY
16-L-001472, ASBESTOS J 327

↧

Madison County asbestos motion docket Dec. 5-9

November 29, 2016, 8:21 am

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November 29, 2016, 8:26 am

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Monday, December 5

9:00 AM

MILLER MICHAEL V. OVERMEYER MARK A
09-L-001057, MUDGE 302

STOCKARD GREGORY K V. MONUMENTAL LIFE INSURANCE COMP
11-L-001039, MUDGE 302

WARREN KAREN D V. HUCK JOAN K
13-L-001832, MUDGE 302

CHEEK KORY L V. TRUST JOSHUA A
15-L-001299, RUTH 311

HUFF CARMEN AS SPECIAL ADMINIS V. FREEMAN MARK MD INDIVID & AS
12-L-000024, RUTH 311

CHESNUT CLEDA V. FAST EDDIES BON AIR
14-L-000403, MUDGE 302

RAY DAVID J V. STATE FARM FIRE AND CASUALTY C
13-L-001945, RUTH 311

MARINKO VICTOR V. STEVENS CAROLYN
14-L-000273, MATOESIAN 351

BAUGH CHARLENE V. FIELDS SARAH
15-L-000878, MATOESIAN 351

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

WILLIAMS JESSICA V. SMITH JACOB
15-L-000918, MATOESIAN 351

Thursday, December 8

8:30 AM

SCHWARTZ ETHAN FKA ETHAN HEARD V. NEWBANKS JAMES
13-L-001083, BARBERIS 230

9:00 AM

WAKEFIELD KATELYN A MINOR BY H V. MCDONALDS RESTAURANTS OF
13-L-000621, BARBERIS 230

Friday, December 9

9:00 AM

KINNEY WENDELL V. 4520 CORP INC SUCCESSOR IN INT
16-L-000258, ASBESTOS JUDGE 327

BROWN RAMONA INDIVIDUALLY V. AMERON INTERNATIONAL CORPORATI
13-L-001538, ASBESTOS JUDGE 327

KRSAK JOHN V. 3 M COMPANY
16-L-000468, ASBESTOS JUDGE 327

↧

An asbestos suit against Ford by Floridians doesn’t belong in Madison County

November 29, 2016, 8:37 am

≫ Next: Illinois Supreme Court won't take up Union Pacific's challenge to St. Clair County forum

≪ Previous: Madison County civil docket Dec. 5-9

Quizzes and questionnaires. Facebook is full of them. Can you put several shades of the same color in order from lightest to darkest? Which Star Wars character are you? How well do you know Beach Boys lyrics?
The comments beneath them are often more entertaining – and challenging – than the quizzes themselves.
For instance, if the question is how many U.S. states you've visited, someone is bound to ask what is meant by “visited.”
“If you've just driven through the state, does that count?” “What if you got off the interstate to get gas, is that a 'visit'?” “What if you never got on the interstate and drove through on a blue highway?”
Purists and free thinkers are likely to disagree as to what constitutes a visit.
What state you live in would be a much easier question to answer, because you can't live in more than one state at a time, even if you do have more than one home or you fly south every year for the winter.
Nor can your business be headquartered in more than one state, no matter how many states you do business in. Even if your business is incorporated elsewhere, your headquarters is still in one state only.
Try telling that to the attorneys at Maune Raichle, who filed suit in Madison County Circuit Court, on behalf of plaintiffs living in Florida, against the Ford Motor Co., which is headquartered in Detroit, Mich.
Try telling it to Madison County Associate Judge Stephen Stobbs, who late last year denied Ford’s motion to dismiss for lack of jurisdiction.
Ford's appeal of that decision has a good chance of winning, thanks to the recent election of two new judges opposed by the plaintiffs' bar.
Local asbestos firms, including Maune Raichle, spent more than $1 million in a last-minute bid to keep the Republican candidates off the bench.
Having failed, they are now living in a state of despair.

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Illinois Supreme Court won't take up Union Pacific's challenge to St. Clair County forum

November 29, 2016, 8:52 am

≫ Next: Jennifer Behme named partner at Blake Behme Law

≪ Previous: An asbestos suit against Ford by Floridians doesn’t belong in Madison County

The state's high court has denied Union Pacific's petition for leave to appeal a forum decision arising from St. Clair County railroad litigation.

Notice was posted by the Illinois Supreme Court on Nov. 23 involving the railroad's challenge to an appellate court decision earlier this year that held that St. Clair County was an appropriate forum for an injury sustained in Marion County.

In a published opinion July 12, Fifth District Appellate Court justices affirmed St. Clair County Circuit Judge Vincent Lopinot, who denied a motion of Union Pacific Railroad to transfer David Decker’s suit to Marion County.

The Justices, however, took note of Lopinot's lack of explanation for his decision.

Justice Judy Cates wrote that there had been discussion regarding whether a court’s exercise of discretion on a forum motion can be adequately reviewed in the absence of any analysis.

“In the pending case, the trial court’s analysis was not incomplete, it was wholly absent,” she wrote.

“We echo the exhortations of our supreme court to circuit courts to include all of the relevant private and public interest factors in the analyses and to leave a better record of their decision making process.”

Justices Gene Schwarm and Bruce Stewart concurred.

Decker injured his neck, right shoulder and right arm on July 23, 2012, when he slipped on the oily floor of an air compressor compartment in the railroad’s yard at Salem.

Clay Monroe, a yard supervisor, called foreman Glenn Elliot at Union Pacific’s service track in Dupo and asked for an inspection of the locomotive.

Elliot drove to the Salem yard, noted that an oily film covered 90 percent of the compartment floor, took photographs, and applied a product to the floor to dry up the oil.

In 2013, Decker sued Union Pacific in Marion County.

He dismissed the suit without prejudice in 2014, and filed it in St. Clair County.

Union Pacific moved for transfer to Marion County as a more convenient forum.

Decker’s lawyer, William Gavin of Belleville, answered that Elliot worked in Dupo and lived in Swansea.

Gavin identified other potential witnesses in the St. Louis area.

He noted that he and Union Pacific’s lawyers, Thomas Jones and Harlan Harla of Thompson Coburn, had offices in St. Clair County.

Lopinot held a hearing on March 3, 2015, and denied the motion a day later.

↧

Jennifer Behme named partner at Blake Behme Law

November 29, 2016, 9:13 am

≫ Next: St. Clair County real estate Nov. 9-15

≪ Previous: Illinois Supreme Court won't take up Union Pacific's challenge to St. Clair County forum

BELLEVILLE – Attorney Jennifer M. Behme was recently named partner at the Blake Behme Law firm in Belleville.

Behme specializes in family law, including adoptions and divorces. Her practice also includes estates and trusts, guardianships, litigation, real estate law, business law and general practice.

Behme is a member of the Family Law and the Civil Practice and Procedures Sections of the Illinois State Bar Association.

As a member of the Illinois State Bar Association, Behme told the Record that she “has access for information to stay up-to-date on the Illinois law and has access for different attorneys.”

She also has access to special documents, discounts, published law journals, legal research, videos and assistance with legal issues.

She is also a member of the American Bar Association and the St. Clair County Bar Association.

Behme is a Chicago native. She received her bachelor’s degree in criminal justice and psychology with honors from the University of Illinois in 2004 and her law degree from St. Louis University School of Law in 2008.

She also received a certificate of health law in 2008.

She began her career practicing general law and later worked in family and civil law.

The Blake Behme Law Group is located at 521 West Main Street, Suite 100, in Belleville. The firm has been active since 1983. The firm also has practices in Collinsville, Edwardsville and Waterloo.

“We do general civil matter at Blake Behme,” Behme said.

The firm’s practices areas include auto accident, bankruptcy, business, child custody, child support and collaborative divorce, among others.

↧

St. Clair County real estate Nov. 9-15

November 29, 2016, 9:14 am

≫ Next: Car accident suit at trial in Judge Matoesian's court

≪ Previous: Jennifer Behme named partner at Blake Behme Law

NOVEMBER 9, 2016

BELLEVILLE

$215,000- 232 SHEFFIELD DR. - BRADLEY AND CYNTHIA HASENSTAB TO ADAM AND DIANA POLLOW
$122,000- 3805 ROLLING MEADOWS DR. - JEFFREY KEIM TO JOHN AND JENNIFER CHANDLER
$53,000- 100 CONCORD DR. - PATRICK TWEED TO ALLISON BREUNIG
$90,000- 0 S. ILLINOIS ST. - JENNIFER CHAUSSE TO GUY SR. AND CYNTHIA GAMERDINGER
$69,500- 4116 N. BELT WEST - 4116 NORTH BELT WEST LAND TRUST TO JOHNIE CRUMP
$26,000- 20 GRANDVUE DR. - FEDERAL HOME LOAN MORTGAGE TO MUSTAFA AL BUSSAIRI
$85,000- 316 E. MAIN ST. - MICHAEL AND BETTY PARKS TO BILLY AND BONNIE DICKINSON
$485,000- 6525 W. MAIN ST. - PEOPLES NATIONAL BANK TO BELLEVILLE RENAL CONSTRUCTION
$235,764- 209 LONGRIDGE CR. - MCBRIDE GREEN MOUNT MANOR TO JOSE AVILES VELEZ AND ARLEANE AVILES
$65,000- XXX PRESTWICK EILER RD. - SOUTHSIDE DEVELOPMENT TO KEVIN AND DENISE CARLTON
$75,000- 19 S. 44TH ST. - STEPHEN LONG TO DAIRNISIA PRICE

CAHOKIA

$28,000- 104 LEONARD DR. - DANIEL ASBERRY TO WINONA
$38,000- 223 ST. JOHN DR. - CRYSTAL DIXON TO PENSCO TRUST CO.

CASEYVILLE

$800,000- 1 LAKE DR. - CLARENCE HARRISON II TO JAMES MALY III AND MELODY MALY

COLLINSVILLE

$15,000- 2609 BLACK LN. - MARISELA RAMIREZ TO PAUL DEHART OF AMREN SERVICES

DUPO

$85,000- 205 N. THIRD ST. - SARA M. PASCHKE TO JAMES GREENWOOD

E. ST. LOUIS

$48,150- 3626 TRENDLEY AVE. - LAMONT AND GALE HOUSTON TO JEFFREY WICKER

FAIRVIEW HEIGHTS

$62,500- 106 FAIRFIELD DR. - HEIRS OF HELEN REIFF TO DAVID SBARBARO AND DOROTHY CARNER
$198,000- 705 COLUMBIA AVE. - NICHOLAS KARSTEN AND PAULA REICHERT TO ERIC AND NAOMI THOMPSON
$216,000- 224 CRYSTAL LN. - MICHAEL ANTWILER AND YVONNE KNOWLES TO MICHAEL AND MANDY MCTIERNAN
$82,500- 720 HARBOR WOODS DR. A - DAVID SCHNEIDER TO RICHARD SCHLOGL

LEBANON

$56,500- 604 W. SCHUETZ ST. - LIVING TRUST OF WILLIAM HAMRICK TO PICCHIETTI REAL ESTATE HOLDINGS INC.

MARISSA

$5,000- 705 E. FULTON ST. - ALBERT BEHRMAN JR. TO SURREY LANE
$250,000- STATE ROUTE 13 - ROBERT LEHMAN TRUST TO AMERICAN TOWER ASSET SUB

MILLSTADT

$220,000- 5415 SAXTOWN RD. - BRUCE AND JAYNE KNAPP TO ROBB WIESEN

NEW ATHENS

$76,750- 1006 OLD BALDWIN RD. - MICHAEL SMITH TO SINDY SMITH KUBITSCHEK

OFALLON

$125,000- 604 S. AUGUSTA ST. - ANDREA COSMANO TO JAMES AND HEATHER DWYER
$240,000- 557 GLEN OAK DR. - DAVID AND EMILY MCCARTHY TO KENNETH THOMAS JR.
$167,000- 1420 SCHWARZ MEADOW - US BANK TO JAMES BOLLMEIER
$238,824- 1317 STONE HILL DR. - MCBRIDE STONE BRIDGE TO MICHAEL AND JULIETA WRIGHT

SHILOH

$253,000- 1244 FOX RIDGE CT. - CHERYL BARNA TO JACOB AND MELANIE MEYER
$1,975,000- FRANK SCOTT PARKWAY - HAVENHILLS INVESTMENT CO. TO PROGRESS EAST HEALTHCARE CENTER
$155,000- 408 TAILFEATHER DR. - AMY FORD TO WILLIAM ALMODOVAR JR.

NOVEMBER 10, 2016

BELLEVILLE

$50,000- 7650 CLIFF DR. - BRADFORD KRVEGER TO JAMES KADEL
$61,000- 131 S. 19TH ST. - E. LECHIEN TO ROLLINGBROOK PROPERTIES
$101,000- 1101-1103 AND 1105-1107 LASALLE ST. - PHIL AND KURT TEGTMEIER TO ROLLINGBROOK PROPERTIES
$70,000- 48 N. MISSOURI AVE. - PHILIP TEFTMERIER TO ROLLINGBROOK PROPERTIES
$175,000- 419 UNION AVE, 607 SYCAMORE ST., 328 W. CLEVELAND AVE. - E. LECHIEN TO STERNAU PROPERTIES
$159,900- 28 HIL CHAR DR. - EDGAR AND ROBERTA JONES TO KAYLA DONNELLY AND VINCENT DINKELMANN
$34,000- 1412 SCHILLING AVE. - CALVIN EASTON TO DEAN BILLHARTZ
$152,500- 2208 ELLINGTON DR. - A&E MIDWEST INVESTMENTS TO DARIA COSEY
$50,000- 326 S. PENNSYLVANIA AVE. - HARRY AND BONNIE WESTFALL TO MELISSA APPLE
$74,900- 1040 N. 2ND ST. - TAMARA LYNN WHITE TO RACHID AYADI AND SARRA BOUSLIMI
$43,500- 1819 E. D ST. - SECRETARY OF HUD TO CAROLYN LATTA

CAHOKIA

$40,000- 3619 FALLING SPRINGS RD. - PEGGY KENNER TO KEITH COTTON
$4,000- 223 NADINE ST. - GOSHEN REAL ESTATE TO ELLEN THIELEMAN

DUPO

$10,000- 745 MCBRIDE AVE. - JOHN LOCKETT TO REGINALD ALLEN

E. ST. LOUIS

$9,924- 8609 VILLAGE PL. - DEUTSCHE BANK TO MARCUS MURRY

FAIRVIEW HEIGHTS

$23,000- 3105 GLENWOOD DR. - BUDDY R. HAGELY TRUST TO DENNIS P. GROTHAUS
$28,514- 304 E. LEXINGTON DR. - DEUTSCHE BANK TO DANIEL ASBERRY
$249,900- 5357 TULANE CT. - ANTHONY AND LISA STAUDENMAIER TO RICHARD AND CAROLINE FLEMING

FREEBURG

$385,250- 7658 JACKS RUN RD. - MARK AND SHARON GAUBATZ TO BLAKE AND WHITNEY HEISCHMIDT

LEBANON

$6,000- 519 S. HERMAN ST. - KENNETH SOCKOCH TO TWILA LUNN

MILLSTADT

$382,500- 331 SHAD LN. - LINDA MENTZER TRUST TO BILLY AND IRENE DIXON

OFALLON

$110,000- 1204 NANCY DR. - VERNA BATTERMANN TO NANCY SCHMIDT

SHILOH

$201,000- 1029 HAWKRIDGE RUN - BRIAN AND DEVIN WEBB TO TERESA COLEMAN

NOVEMBER 14, 2016

BELLEVILLE

$80,000- 204 ANDERSON LN. - GERALD FAUGHN TO KODY CHAMNESS
$180,000- 2111 CLOVERLEAF SCHOOL RD. - KRISTIN DEMOND TO ROGER AND BEVERLY SIEKMANN
$99,900- 1301 E. B ST. - SOUTH ILLINOIS TRUST TO SHANNON HOOLIHAN
$142,000- 2547 WINTERCREEK - ANGELA AND JOSHUA TURNER TO BENJAMIN AND AMANDA YATES
$54,900- 610 MILLER LN. - FEDERAL NATIONAL MORTGAGE TO DAVID OWEN
$89,000- 1623 CENTREVILLE AVE. - SEAN P. AND ANGELA HILL TO MICHELLE WESTERHEIDE

CAHOKIA

$22,000- 1801 JEROME LN. - NOLA JOHNSON TO AMERICAN HOME LENDING
$23,000- 1107 WILLIAMS ST. - MICHAEL QUIGLEY TO 1107 WILLIAMS

CASEYVILLE

$30,000- 2 THILLMAN CT. - WILLIAM KRIEGER TO DANIEL AND TONYA HASENSTAB

E. ST. LOUIS

$95,000- 23 LAKEWOOD PL. - NATIONAL LOAN INVESTORS TO CHARLES RITTER

LEBANON

$467,085- 1313 LANTERN LIGHTS CR. - SMR TO KENNETH WELCH AND SUE JIN

MASCOUTAH

$165,000- 200 FALLING LEAF WAY - JASON AND HEATHER KNIGHT TO JOSHUA AND STACIE FARRELL
$97,000- 600 N. INDEPENDENCE - FRANK ARMSTUTZ ESTATE TO JORDAN J. GRAMM
$109,875- 312 S. RAILWAY AVE. - PHH MORTGAGE TO SECRETARY OF HUD

MILLSTADT

$187,500- 5505 SAXTOWN RD. - ROBERT LELLY II AND ASHLEY LELLY TO JACOB FAHRNER AND CASSIDY MARTIN

OFALLON

$53,000- 408 E. ADAMS ST. - SECRETARY OF HUD TO SCOTT AND LINDSAY VANGENNIP
$120,000- 306 E. FOURTH ST. - CAROL VOLLMER TO JEROME AND SANDRA BONVIE
$259,676- 6815 CABOT CT. - MCBRIDE STONE BRIAR TO WALPOLE SHRESTHA AND JUNU SHRESTHNA
$306,000- 1812 RIBIERA LN. - LF AND SON CONSTRUCTION TO HAROLD AND CHERYL ESSELBORN

SMITHTON

$208,000- 5342 LIVE OAK DR. - RICHARD AND CAROLINE FLEMING TO LISA MUENCH

SWANSEA

$23,000- 1878 OLD PARK LN. - COBBLESTONE PARK TO CA JONES
$23,000- 1860 OLD PARK LN. - COBBLESTONE PARK TO CA JONES
$29,000- 3913 BEECHMONT CR. - TAMAR DEVELOPMENT TO FULFORD HOMES

WATERLOO

$210,000- 4820 BOHLEYSVILLE RD. - JEFFREY AND LAURIE CRAIG TO RANDELL AND BETH BATSON

NOVEMBER 15, 2016

BELLEVILLE

$211,000- 4188 ASHWOOD LN. - US BANK TO AHMED AND TABINDA JUNAID
$141,000- 2016 DUBLIN BLVD. - JAKE AND BRITTNI MCCANN TO LYNNA CLEMENS
$68,000- 537 S. 17TH ST. - FRED PETERS AND SANDRA MCMILLAN TO JAMES PICKUS
$72,900- 23 SHERWOOD FOREST - JOSE DIAZ CERVANTES AND BLANCA MARTINEZ TO KARYN HOLLOWAY
$65,000- 97 N. 98TH ST. - DANIEL MATTERN AND HEATHER SMITH TO EDWARD SANCHEZ

CAHOKIA

$20,154- 1407 DORIS AVE. - THE BANK OF NEW YORK MELLON TO BENNIE JACKSON

COLLINSVILLE

$95,000- 120 NATIONAL TERRACE - CHRISTINA AND SEAN DECKER TO KIM BROWN
$110,000- 410 HILLSIDE DR. - KIM BROWN TO MICHAEL FREEMAN

FAIRVIEW HEIGHTS

$150,000- 845 FOXGROVE DR. - GERALD AND VICKI PASKERT TO MAHMOOD INVESTOR
$147,000- 872 HARBOR WOODS DR. - KATIE WEBER TO SHANNON RIVALI
$96,500- 220 CANDLELIGHT DR. - PATRICIA PELUDAT AND KATHLEEN KOCH TO JESSIE AND MESHILLE TRAVIS

FREEBURG

$197,900- 4740 BRENNER RD. - LORETTA YAEGER TO JOEL AND KENT BRICKEY

LEBANON

$160,000- 8676 E. HIGHWAY 50 - THOMAS WILLIAMS AND JAMES FORD TO TERRY GRIMM

MILLSTADT

$125,000- 115 W. WASHINGTON - JERRY L. KLOTZ AND LAWRENCE TODD TO SUSAN ADRIGNOLA

OFALLON

$165,500- 438 BANDMOUR PL. - NEWBURY REO 2013 TO SUZETTE BARSHAY
$321,500- 720 LONGFELLOW DR. - JARED AND MIRANDA MINSHEW TO AARON AND TASHA MCDOUGLE
$5,000- 120 1/2 COTTAGE HILL DR. - VI TO CHRISTOPHER SIMPSON
$200,000- 717 E. WESLEY DR. - DOLOROS APPLETON EPPING TO RYAN AND KRISTIE SZMAJDA
$237,000- 922 SHADOWRIDGE CROSSING - MARK AND CHRISTINA GREENBERG TO LARA HOLLENKAMP

SHILOH

$228,500- 1065 FLORA LAKE CT. - UNLIMITED RESOURCES TO RYAN AND SHANNA BRADFORD

SMITHTON

$90,000- 110 E. FISCHER ST. - KATIE REAKA TO DYLAN A. HARPER

SWANSEA

$294,500- 4124 WOODLAND PARK DR. - STEVEN AND REBECCA FERNLUND TO LINDA LEWIS

↧

Car accident suit at trial in Judge Matoesian's court

November 29, 2016, 11:51 am

≫ Next: 'Lightspeed' attorney Steele hit with another sanction in Herndon's federal court

≪ Previous: St. Clair County real estate Nov. 9-15

A car accident lawsuit alleging a motorist struck a police cruiser while a woman was handcuffed in the backseat is at trial in Madison County Circuit Judge Andreas Matoesian’s courtroom.

The trial began Nov. 28.

Stephen Buser of Columbia represents plaintiff Alisha Burke.

Michael Murphy of Freeark Harvey & Mendillo PC in Belleville represents defendant Mark Robinson.

In her May 2014 lawsuit, Burke alleges she was riding in a 2013 Ford Taurus, which was operated by Alton Police officer Stephen W. January.

The officer stopped at the intersection of Pearl and Silver Streets in Alton when Robinson allegedly collided with the cruiser, causing her to sustain severe and permanent injurie, the suit states.

Burke alleges Robinson caused the collision by negligently failing to keep his vehicle under proper control, failing to observe the vehicle she was in, failing to keep a proper lookout for other vehicles, driving into January’s stopped vehicle and failing to drive entirely within his lane.

Robinson denied liability and argues that the plaintiff failed to mitigate her damages.

Burke seeks a judgment of more than $50,000, plus court costs.

Madison County Circuit Court case number 14-L-681

↧

'Lightspeed' attorney Steele hit with another sanction in Herndon's federal court

November 29, 2016, 12:33 pm

≫ Next: Madison County real estate Nov. 4-10

≪ Previous: Car accident suit at trial in Judge Matoesian's court

U.S. District Judge David Herndon hammered Chicago plaintiff attorney John Steele with a $47,171.76 civil contempt sanction last week to compensate a defendant targeted in an "exploitive" lawsuit.

Delivered the day before Thanksgiving, the sanction accounts for half of what it cost defendant Anthony Smith to defend himself from litigation that was initially allowed to play out in St. Clair County Circuit Court before it was removed to federal court in East St. Louis. Plaintiff Lightspeed Media, the operator of online pornography sites, alleged in its 2011 anti-hacking suit that Smith’s IP (Internet Protocol) address was associated with the unlawful viewing of Lightspeed’s content and that Smith was part of a scheme to steal passwords and content from Lightspeed.

A nationwide strategy of plaintiff attorneys Steele and colleagues Paul Duffy and Paul Hansmeier consisted of monitoring bit torrent download activity of their copyrighted pornographic movies, recording IP addresses of the computers downloading the movies, filing suit in order to subpoena Internet Service Providers (“ISPs”) for the identity of the subscribers to IP addresses, and sending cease-and-desist letters to the subscribers, offering to settle each copyright infringement claim for about $4,000.

Steele, who is under investigation by the Illinois Attorney Registration and Disciplinary Commission, already had been slapped with a discovery sanction for half of Smith's $94,343.51 in costs. Duffy had been assessed the other half, but he died on Aug. 10, 2015, the same day the ARDC filed charges against Steele. Hansmeier sought bankruptcy protection in July 2015.

Things began to unravel for the trio in 2013 when a federal judge in California called their litigation strategy "exploitive," "frivolous, baseless, and “smacked of bullying pretense.” They were sanctioned by District Judge Otis Wright for misconduct and ordered to pay defendants’ attorney fees and expenses totaling $261,025.11.

Back in federal court in Illinois, Steele, has fought Herndon's sanctions up until last month during a civil contempt show cause hearing.

Rather than pay sanctions they had been assessed, the attorneys insisted they were insolvent. After they failed to comply with orders to pay sanctions, they were sanctioned for civil contempt and ordered to pay an additional $26,102.58. The Seventh Circuit affirmed sanctions awards in 2014.

Smith had previously collected on a bond that had been posted by Steele.

The attorneys’ claims of insolvency and misconduct for making false claims of insolvency formed the basis for the current dispute.

At the Oct. 20 hearing, Steele appeared in person and Smith, represented by attorney Dan Booth of Booth Sweet LLP in Cambridge, Mass., appeared by phone. Following arguments, Herndon took the matter under advisement.

In his Nov. 23 order, Herndon wrote that at the hearing, "it was evident that Steele, as the last man standing, felt aggrieved at the possibility of being held esponsible for all of Smith’s costs."

"He feels he should not have to pick up the bill for Duffy and Hansmeier. But, the attorneys acted in concert to mislead this Court. Steele and Hansmeier fraudulently alleged insolvency. Steele and Duffy then obstructed discovery in an effort to conceal Steele and Hansmeier’s misrepresentations and to avoid paying the Section 1927 Fine. The discovery costs Smith incurred are a direct result of the overlapping wrongs committed by Steele, Hansmeier, and Duffy. The attorneys are jointly and severally liable for this misconduct."

Herndon went on to state that he believes he has the authority to sanction Steele in order to "compensate the taxpayers for the time the Court has spent resolving matters pertaining to the attorneys’ misconduct."

However, Herndon declined to do so.

While he awaits outcome of pending charges at the ARDC, Steele currently operates the Accessibility Law Group in Chicago, which specializes in suing businesses that are not compliant with the Americans with Disabilities Act.

↧

Madison County real estate Nov. 4-10

November 29, 2016, 12:35 pm

≫ Next: Madison County foreclosures Nov. 18-23

≪ Previous: 'Lightspeed' attorney Steele hit with another sanction in Herndon's federal court

NOVEMBER 4, 2016

ALHAMBRA

$75,000- MARINE RD. - KEVIN AND HEATHER LUITJOHAN TO RANDY AND SARA PLUNK

ALTON

$44,000- 2309 BROWN ST. - THE JUDICIAL SALES CORP. TO DONALD CHRISTY

BETHALTO

$25,000- 212 GABRIELLE CR. - SCHRIEBER FARM TO CA JONES INC
$30,000- 212 GABRIELLE CR. - CA JONES INC TO MICHELLE GREENWOOD

COLLINSVILLE

$77,500- 820 VICTORY DR. - BRIAN EGAN TO MATTHEW PINDELL
$62,000- 133 MARCH DR. - WILMA HARRELL TO ERIC BOLANDIS
$142,000- 112 GLENWOOD ST. - JOSE NATERA TO JOHN AND KIMBERLY HOOPER
$86,900- 114 SUNSET AVE. - CHARLES AND LAUREN JURCZAK TO LACI HART

EDWARDSVILLE

$110,000- 109 N. CHARLES ST. - RYAN STODDART TO MICHAEL BOLINE AND EMILY SHEEHAN
$590,000- 8703 ROSEWOOD HILLS DR. - STEVEN AND JENNIFER FAULKNER TO GEORGE AND AMY STEWART

GLEN CARBON

$236,000- 262 N. MERIDIAN RD. - DOUG CHILDERSON TO COREY AND CHRISTINA WINFIELD
$135,000- 541 TRAILS END - WILLIAM E. AND PATTY J. PETERMAN TO BRIAN UTECHTT AND TODD ROBINSON
$290,000- 5931 STATE ROUTE 162 - STEPHEN WILFONG TO DONALD AND MICHELE SOUDER

GODFREY

$35,000- PLEASANT VALLEY DR. - FRED FINCK TO RICHARD MINTON

GRANITE CITY

$75,000- 2637 STATE ST. - NORMAN ALEXANDER TO JULES RAGNETTI
$140,000- 3001 BENTON ST. - STEVEN AND ERIN BARROW TO NATILE GLASPER AND DWIGHT FLETCHER

HIGHLAND

$149,000- 1019 HELVETIA DR. - AUDREY KIRSCH TO MERL AND JANE STRODER
$279,900- 2604 MEADOW RIDGE - JOSEPH AND GEORGIANNA CLINE TO KIMBERLY AND DONALD SMITH
$100,000- 19 KAESER CT. - HEIR OF PAUL VOGELBACHERI AND BARBARA FOWLER TO CORA SUE SAATHOFF
$200,000- 2000 SALMON DR. - CAROL ZIMMERMAN TO ANITA HOLMAN
$125,000- 1002, 1004, 1006, 1008 MAIN ST. - REGIONS BANK TO RAY GUERRA AND JEFFERY GROSS

MARYVILLE

$143,900- 109 BAUER LN. - KYLE AND JACQUELYNN SMITH TO FRANKLIN STURGILL

NEW DOUGLAS

$50,000- REZY RD. - KEVIN AND HEATHER REISECK TO DARREN AND CASSIE OTT

TROY

$331,000- 108 RIDGE CROSSING LN. - SEAN AND KENDRA WOLTERS TO RICHARD AND ERIN PENNINGTON
$305,000- 8339 OLD LEBANON RD. - ROBERT AND PATRICIA GENTRY TO TRAVERS AND JENNA SMITH
$315,000- 119 W. CLAY ST. - LARRY CATES AND PATRICIA BREGEN TO CBH HOLDINGS
$100,000- 9015 S. BLUE HAVEN DR. - ROBERT WHEELER TO JOHN AND SVITLANA LATHAM

WOOD RIVER

$18,000- 209 PICKER AVE. - FANNIE MAE TO GLENDA HEBBLETHWAITE
$95,000- 943 CEDAR DR. - ERAN AND CYNTHIA HAND TO JOHNNIE BROCK
$60,000- 728 N. 9TH ST. - SANDRA GORDON TO JOSH HEITMAN

WORDEN

$6,000- 1720 FOUNTAINBLEU DR. - TIMOTHY DONNELLY TO SHANE AND JENNIFER KESSINNGER

NOVEMBER 7, 2016

ALTON

$41,000- 2408 LASALLE DR. - US BANK TRUST TO BRIANNA HAZEL
$7,350,000- 309-319 HOME ADAMS PKWY. - BOA 2004 2 HOMER ADAMS PKWY TO T ALTON CORNERS IL
$44,500- 2216 N. RODGERS AVE. - BAYVIEW LOAN SERVICING TO JOSEPH AND STEPHANIE TRAIL
$205,000- 1228 BELLE ST. - MAIN STREET REDEVELOPERS TO CHRISTOPHER BARNWELL
$10,000- 1621 BELLE ST. - PAMELA BONDS TO DEVELOPMENTAL PROPERTIES
$199,500- 4625 CAMELLIA PL. - WILLIAM AND PHYLLIS STOGSDILL TO MARK AND KATHLEEN MEANS
$130,000- 228 E. BROADWAY - MIKE COX TO CHARLES JR. AND LEE ANN WILEY

BETHALTO

$43,000- 567 SHERIDAN ST. - HEIRS OF NELLIE RAY TO ALL IN FAMILY LLC

COLLINSVILLE

$52,537- 721 E. CLAY ST., 247 N. CLINTON, 514 B ST. (BETHALTO), 760 GEORGE ST. (WOOD RIVER) - REALTAX DEVELOPERS TO REGIONS BANK TRUST
$127,000- 543 PENNSYLVANIA ST. - JAMES AND SARAH COLE TO CARTUS FINANCIAL CORP.
$127,000- 543 PENNSYLVANIA ST. - CARTUS FINANCIAL CORP. TO HAYLEY AND DOUGLAS HANSEL
$55,000- 106 WESTWOOD DR. - DANIEL BODE TO GMW INVESTING
$164,900- 7205 LEBANON RD. - GARY AND PAULA GRZYWACZ TO BRIAN AND KADINE LONG

EDWARDSVILLE

$401,450- 7023 HODGES CT. - STEVEN SMITH TO STONE FINANCING
$360,000- 3720 RIDGE VIEW RD. - EDWARD AND KRIS ADELMAN TO THOMAS AND JENNIFER HOEFERLIN
$225,000- 222 N. FILLMORE ST. - EDWIN TWESTEN III AND LISA TWESTEN TO DAVID PATTON AND STACY WEST

GLEN CARBON

$190,000- 52 BRENDA ST. - ANTOINETTE CERTA TO KYLE AND ELIZABETH SYKES
$197,500- 39 CHARLES - CHARLES AND JENNIFER ANDERSON TO ALFRED ODEMERHO
$81,000- 18 PIONEER TRAILS - ELITE DEVELOPMENT TO REMINGTON PROPERTIES

GODFREY

$80,000- 1214 N. HANSER LN. - LEROY EDWARD AND VERA URSLEY TIEMANN TRUST TO CHARLES ESTES

GRANITE CITY

$48,500- 2617 LYNCH AVE. - US BANK TRUST TO COOK PROPERTIES
$200,000- 3371 FEHLING RD. - PROVIDENCE BANK TO MARK UNNERSTALL
$67,500- 3236 NEWELL DR. - KENT HOLSINGER TO SCOTT GREEN
$23,400- 2729 WARREN AVE. - ELIZABETH KNIGHT TO EMILY SMITH
$86,500- 5160 BUENA ST. - LORENZO JUDD TO MICHAEL HEWITT
$79,000- 2617 E. 27TH ST. - MICHAEL JONES TO NATHAN ARNETT AND ARIEL PILKUS

HIGHLAND

$179,000- 325 NOTTINGHAM LN. - RICKY BUHMANN TO WAYNE AND SHERRY HOLZINGER
$147,500- 50 SUNDEW LN. - ALICIA SCOTT TO DEVIN RANDALL
$70,000- 707 4TH STREET #A - FLORENCE SCHNEIDER TO ANGELA K. MARVIN

MARINE

$97,000- 626 W. DIVISION ST. - ENISE AND CHAD FRANK TO DENNIS WEBER

TROY

$70,000- 709 E. US HWY 40 - JOAN FORTE TO JACOB WHEELER AND BRITTANY ZAPPIA

WOOD RIVER

$19,802- 1404-1460 E. EDWARDSVILLE RD. - MS INVESTMENT GROUP TO REGIONS BANK TRUST
$17,557- 54 N. OLD ST. LOUIS RD. - REALTAX DEVELOPERS TO REGIONS BANK TRUST

WORDEN

$283,900- 1585 SU TWAN DR. - ARMAND AND DEANNA MICHAUD TO DAVID AND MARION NORRIS

NOVEMBER 8, 2016

ALTON

$95,000- 38 MATHER ST. - JAN BATES TO TIMOTHY STONE
$79,900- 808 ROEDALE AVE. - NORMA ELLIOTT TO STEPHEN AND MARY OLSON
$10,000- 2718 PALMER AVE. - SACHI KUHANANTHAN TO SHERMAN RETZER

BETHALTO

$105,900- 444 WYOMING ST. - DALE AND JOYCE MCDONOUGH TO JEREMY PFEIFER

COLLINSVILLE

$205,000- 237 LAKEVIEW ACRES DR. - TOMMY AND ROBIN ISHMAEL TO KEITH AND LEAH WOOD

GLEN CARBON

$205,000- 38 WATERFORD LN. - TERRY AND CINDY ZWEIG TO GREGORY REIF AND JENNIFER HECKLER

GRANITE CITY

$32,000- 2448 TERMINAL AVE. - CHRISTYANN J. KINCER TO HOMEINVESTORS LLC
$121,900- 1540 LINDELL BLVD. - JOOHN VANBURSKIRK TO INDIRA AND KYLE HULKER

HIGHLAND

$225,000- 295 REGENCY CT. - DARLENE TIMMERMAN TO MATTHEW AND MINDY MILLER
$129,900- 707 WASHINGTON ST. - MATTHEW D. MILLER TO RYAN MELOSI
$185,000- 240 N. PORTE DR. - KIMBERLY SMITH TO EMMARIE SNYDER

WOOD RIVER

$248,228- 3401 CRESCENT CT. - FULFORD HOMES RHT LLC TO THOMAS JR. AND SHELBY PALAZZOLO

NOVEMBER 9, 2016

ALTON

$2,000- 2600 BANKS DR. - EDWARD MCPIKE TO PHILLIP AND SUSAN HAMILTON
$20,000- 2600 BANKS DR. - EDWARD MCPIKE TO PHILLIP AND SUSAN HAMILTON
$47,324- 1702 MUNY VISTA DR. - DEUTSCHE BANK TO ARCADIO FIGUEROA
$6,000- 2300 MORNING STAR DR. - DENNIS TUCHALSKI TO DELORIS HOLLAND
$65,000- 1410/ 1412 MONROE ST. - PAY ME NOW TO KAYDEAN GROUP

EDWARDSVILLE

$179,800- 8413 ROCK RIDGE CT. - RETAIL PLACE TO ERIC JACKEL
$50,000- 209 3RD AVE. - CYNTHIA LEGATE TO ZACHARY AND SARAH HARRISON

GLEN CARBON

$320,825- 348 JO LEE LN. - MICHAEL AND DONNA CHRISOS TO DAVID KIRGAN AND KELSEY BALLARD

GODFREY

$33,739- 7812 MEADOWLARK DR. - DEUTSCHE BANK TO MARK KORTE

GRANITE CITY

$10,924- 2631 IOWA ST. - US BANK TO CARL AND JULIA HOZIAN
$46,279- 2553 WESTMORELAND DR. - THE BANK OF NEW YORK MELLON TO WISE CHOICE PROPERTIES
$55,000- 4 NIGHTINGALE - RICHARD AND DEBORAH COOPER TO WISE CHOICE PROPERTIES

HIGHLAND

$295,000- 13062 BUCKEYE RD. - ANDREW CHAFFIN TO DOUGLAS AND LISA DURANT
$196,000- 50 N. PORT DR. - THOMAS AND SHEENA ESLINGER TO JOHN AND MEGAN CLARKIN

MADISON

$4,500- 1536 4TH ST. - RESCUE MISSION TO JOHNNY BROCK

MARYVILLE

$106,000- 25 GARY AVE. - M. SHARON FREY TO PATRICK SCANNELL

TRENTON

$280,000- 12646 ROSE RD. - RANDY AND TINA KAMPWERTH TO TRAVIS AND STEPHANIE ANKROM

TROY

$49,500- 324 JENNIFER CT. - OASIS INVESTMENTS TO BRENT WHITE

NOVEMBER 10, 2016

ALTON

$7,000- 1706 BELLE ST. - PAMELA BONDS TO DEVELOPMENTAL PROPERTIES
$15,000- 811 HAWLEY AVE. - RAMONA CRANE TO JEFFREY BENSMAN
$24,000- 413 BROOKSIDE AVE. - LOUIS JR. AND KIMBERYL HARRISON TO INDIA BERRY

BETHALTO

$13,650- 321 OAK DR. - JERRY AND NANCY KRUCKEBERG TO JOHN AND KELLY MASINELLI

COLLINSVILLE

$82,500- 1212 POWELL AVE. - COLLIN AND JESSIR CARSON TO JOSE AND JULIA LORENZANA
$30,000- 224 ST. LOUIS RD. - CLYDE NINNESS SR. TO EMILY JOHNS
$10,000- 114 W. WASHINGTON ST. - JESSIE MCCAULEY TO DARRELL W. FRISSE
$332,000- 2 HARMIN LN. - RAYMOND AND BERNICE VARADY TO WILLIAM AND GIRAY BERGER

COTTAGE HILLS

$25,000- 11 W. MACARTHUR DR. - BIBLE BAPTIST CHURCH TO PARTNER IN MISSIONS

E. ALTON

$78,500- 130 HODGE ST. - MISTY PRATER TO BRITANY BAKER

EDWARDSVILLE

$87,500- 3411 GLENNOAK DR. - MAX GOESSMAN AND CHERYL MAGUIRE TO KIMBERLY AND SEAN SANDIFER
$162,000- 527 W. LAKE DR. - 527 W. LAKE LLC TO ANDREW BODE AND KENNETH WOYCKE
$390,000- 445 E. LAKE DR. - JUSTIN AND KATHRYN RANGE TO JOHN AND ERIN STEPHENS
$70,000- 817 HILLSBORO AVE. - SAMUEL MAKLER SR. TO BLUE LINE RENTAL GROUP

GLEN CARBON

$178,500- 118 BAYFIELD DR. - DARREN AND MEGAN JONES TO IAN AND TRISHA THOMAS

GRANITE CITY

$62,401- 2576 WATERMAN AVE. - THE JUDICIAL SALES CORP. TO COOK PROPERTIES
$16,000- 2442 DEWEY AVE. - MARY WHITWORTH TO MATTHEW POWELL
$141,000- 3416 LAKE DR. - MARK AND ALICE MAXIM TO BERIN WILDT

MARYVILLE

$195,000- 2275 HAVERFORD CT. - CHARLES AND SHANON TAYLOR TO DEREK VETTER

TROY

$300,000- 20 ROYAL OAKS DR. - WANDA MASK TO JASON COOK AND CHELSEA ENGELHARD

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Madison County foreclosures Nov. 18-23

November 29, 2016, 1:17 pm

≫ Next: City of Madison files third-party complaint against driver of van in police pursuit

≪ Previous: Madison County real estate Nov. 4-10

NOVEMBER 18, 2016

WELLS FARGO BANK V. ALFRED DREWES, $139,212.26, 7221 STUTZ LN., BETHALTO. 16CH707
PHH MORTGAGE V. JOSHUA WESTERBACK, $43,040.46, 515 HADLEY REAR, COLLINSVILLE. 16CH708
WELLS FARGO BANK V. CATHY ROADES, $114,315.45, 2310 STATE ST, ALTON. 16CH709
DITECH FINANCIAL V. HEIR OF RUTH GUNN, $47,319.07, 509 POPLAR ST., HIGHLAND. 16CH710
WELLS FARGO BANK V. GRETA SULLIVAN, $77,246.17, 501 HILLSBORO AVE., EDWARDSVILLE. 16CH711

NOVEMBER 21, 2016

WELLS FARGO BANK V. KAREN AND JOHN CURRY, $104,210.87, 27 W. MACARTHUR DR., COTTAGE HILLS. 16CH712

NOVEMBER 23, 2016

US BANK V. CODY BUSH, $50,204.24, 2841 FORTUNE DR., GRANITE CITY. 16CH713
JPMORGAN CHASE BANK V. JERROD ELLIOTT, $75,096.14, 4916 REDWOOD LN., GRANITE CITY. 16CH714
TOWN AND COUNTRY BANK V. AARON AND SARA HUTSON, $372,299.00, 3555 COLLEGE AVE., ALTON. 16CH716

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City of Madison files third-party complaint against driver of van in police pursuit

November 29, 2016, 1:36 pm

≫ Next: St. Louis attorney sues foreign banks alleging they helped Iran sponsor terror; Suit modeled after case filed in May

≪ Previous: Madison County foreclosures Nov. 18-23

The City of Madison filed a third-party complaint against the special administrator for the estate of a man who caused a fatal collision while running from the police.

The City of Madison filed a motion to file a third party complaint against Semekia Ellis, as special administrator for Kyrus Sykes, on Nov. 1.

Madison County Circuit Judge Barbara Crowder granted the defendant’s motion on Nov. 17.

The City of Madison filed its three-page third party complaint through attorneys Gerard Cook and Michael Victor of O’Halloran Kosoff Geitner and Cook LLC in Northbrook, Ill.

The defendant claims Sykes negligently caused his own injuries by driving the van at an excessive rate of speed on a residential roadway and in violation of the posted speed limits, failing to reduce speed to avoid an accident, failing to maintain a proper lookout for other vehicles traveling on the roadway and when approaching an intersection, failing to yield to an emergency vehicle, failing to yield the right-of-way and disobeying traffic control signals.

The lawsuit against the City of Madison was filed by Sheila Brawley, mother and next friend of Rhykeem Samuels, a minor, on Nov. 11. Officer J.D. Harris was also named a defendant in the suit.

Brawley claims Harris saw a vehicle speeding on Oct. 14, 2015, and allegedly began pursuit. She alleges the pursuit ended when Sykes, the driver of the vehicle being pursued, crossed the median of state Route 203, resulting in a head-on collision with a third vehicle. There were three juvenile boys in the vehicle at the time of the crash. Passenger Marcus Gordon and Sykes died as a result of the accident.

The minivan the boys were in was reported stolen in Fairview Heights.

Brawley alleges the defendant should have known their acts would result in severe injury. As a result, Samuels was allegedly seriously and permanently injured.

The defendants denied liability and argued that Samuels was actively involved in the theft of the 2011 Honda Odyssey. They also allege Samuels knew Sykes would drive in an unreasonably dangerous manner.

They add that Samuels breached a duty of care for his own safety by voluntarily entering the vehicle with Sykes when he knew it was stolen, knew it was being operated by a criminal and knew the risk of Sykes fleeing when confronted by the police.

Samuels is represented by Bruce Mattea of The Mattea Law Firm in Collinsville.

Madison County Circuit Court case number 15-L-1505

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St. Louis attorney sues foreign banks alleging they helped Iran sponsor terror; Suit modeled after case filed in May

November 29, 2016, 2:46 pm

≫ Next: Fifth District reverses Lopinot in suit alleging concealed upcharges; Found arbitration unenforceable in suit’s second time in appellate court

≪ Previous: City of Madison files third-party complaint against driver of van in police pursuit

EAST ST. LOUIS – Lawyers who for 12 years have pursued claims that banks helped Iran sponsor terror attacks have earned the high compliment of imitation.
John Driscoll of St. Louis copied their theory and many of their facts in a suit he filed against eight banks at U.S. district court in November.
Driscoll represents estates and families of 18 persons who died in Iraq, as well as veterans who survived attacks with injuries.
He seeks damages under the federal Anti-Terrorism Act against Deutsche Bank, HSBC Bank, Barclays Bank, Standard Chartered Bank, Royal Bank of Scotland, Credit Suisse, Bank Saderat and Commerzbank.
The suit alleges that each bank conspired with Iran to evade U.S. economic sanctions and arms embargoes, knowing Iran would use some of the funds to kill and maim Americans serving in Iraq.
Deutsche Bank already faced a terror suit in the same court.
The lawyers who filed it had won a jury verdict of liability against Arab Bank in New York two years ago, in the 10th year of litigation.
Arab Bank has appealed, delaying trial on damages.
The same legal team sued HSBC Bank in 2014, in New York.
They also sued Deutsche Bank this May, in East St. Louis.
Their suit seeks damages for wounded veteran Charles Shaffer, his father Charles Shaffer, and Rhonda Kemper, mother of the late David Schaefer.
Deutsche Bank counsel John Hall, of Covington and Burling in Washington, moved to dismiss the suit.
Hall also moved to stay discovery pending a ruling on the motion to dismiss, and brought the motion to Magistrate Judge Stephen Williams in August.
Hall told Williams, “There is absolutely no precedent for the claims that have been brought here.
“We are going to be investigating bombing attacks that occurred on the battlefield in Iraq.”
Plaintiff counsel Gary Osen of Hackensack, New Jersey, responded by saying, “What Deutsche Bank and other banks agreed to do was to hide from U. S. law enforcement, from regulators, the fact that these transactions were going through the United States. We don’t allege that the bank’s subjective motive was anything but its own financial improvement.”
Osen said that in conspiring with Iran, it is almost inevitable that some of the money will be used for life threatening activity.
“They didn’t want their transactions to be detected, because they wanted to be able to have the discretion as to how to use the money,” Osen said.
Williams granted the stay.
Osen opposed the motion to dismiss later in August, quoting a consent order between the bank and the New York State department of financial services.
He wrote that the bank admitted that its managers and others worked with sanctioned Iranian customers to conceal details of payments, and that the bank admitted it formally and informally emphasized the need for utmost care in keeping sanction-related information out of messages.
“Deutsche Bank knows it is too big to jail,” Osen wrote.
He wrote that the bank knew its criminal conduct would not result in prosecution of employees. At most, it would face fines or be forced to improve compliance.
“In sum, it fully expects to get away with murder,” Osen wrote.
Deutsche Bank’s local counsel, Troy Bozarth of Hepler Broom in Edwardsville, wrote that plaintiffs hadn’t alleged that a single dollar ended up in the hands of terrorists responsible for their injuries.
“Whether Deutsche Bank’s actions are best viewed as a failure of compliance policies and procedures, as the New York department of financial services saw it, or something else, they certainly do not resemble an attempt to get away with murder, as plaintiffs argue,” Bozarth wrote.
The motion to dismiss awaits a decision by District Judge Michael Reagan.
Driscoll filed his complaint on Nov. 2.
He described attacks in language identical to Osen’s complaint against HSBC, changing nothing but the names of the victims.
District Judge Nancy Rosenstengel received the assignment but recused herself.
The suit passed to Senior Judge Phil Gilbert, who reassigned it to District Judge David Herndon on Nov. 22.

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Fifth District reverses Lopinot in suit alleging concealed upcharges; Found arbitration unenforceable in suit’s second time in appellate court

November 29, 2016, 5:31 pm

≫ Next: Fifth District reverses Gleeson’s order granting dismissal of retaliatory discharge suit based upon prior arbitration

≪ Previous: St. Louis attorney sues foreign banks alleging they helped Iran sponsor terror; Suit modeled after case filed in May

The Fifth District Appellate Court reversed St. Clair County Circuit Judge Vincent Lopinot’s order compelling arbitration in a suit alleging a mortgage corporation concealed upcharges.

The decision comes seven years after the appeals court first compelled arbitration in 2009. However, the chosen arbitration company forfeited its arbitration services after it was accused of consumer fraud, raising the issue again.

Justice Judy Cates delivered the Nov. 28 opinion with Justice James “Randy” Moore concurring in the judgment. Justice S. Gene Schwarm dissented.

Plaintiff Rosemary Keefe argues in her appeal that the circuit court erred in finding that the parties’ arbitration agreement was enforceable when the designated arbitrator was unable to conduct consumer arbitrations. She also argues there was no showing that the designated procedures governing the arbitration agreement authorized the appointment of a substitute arbitrator.

According to the complaint, Keefe contacted defendants Allied Home Mortgage Corporation and Allied Mortgage Capital Corporation to assist her in refinancing a loan on her property in Berwyn, Ill., in 1999.

The defendants were in the business of brokering mortgages and providing mortgage related services.

On May 18, 1999, Keefe signed several refinancing documents, including an arbitration order. Two months later, the parties closed on the loan.

On Sept. 2, 2004, Keefe field a class action complaint against the defendants, alleging they engaged third parties to provide certain loan-related services, such as credit reports and appraisals, and paid the fees charged for those services.

After they paid the third-party fees, Keefe claims the defendants charged her sums in excess of the fees and concealed the “upcharges” by failing to disclose the actual fees that the defendants paid to the third parties.

On Dec. 15, 2004, the defendants filed a motion to compel arbitration and stay judicial proceedings based upon the arbitration order.

Keefe filed an opposition, asserting that the arbitration rider was unenforceable “because it was cost-prohibitive, unsupported by consideration, against public policy, and procedurally and substantively unconscionable.”

On July 18, 2007, the trial court denied the defendants’ motion to compel arbitration, finding that the arbitration rider was illusory and procedurally and substantively unconscionable. The defendants appealed.

In a July 10, 2009, opinion, the Fifth District found that “the arbitration rider was supported by adequate consideration but that the provision prohibiting class arbitrations was substantively unconscionable.”

“This court also determined that the provision prohibiting class arbitrations was severable from the remainder of the arbitration rider, leaving the agreement to arbitrate in place,” the opinion states.

The case was remanded to the circuit court with directions to sever the provision prohibiting class actions and to enforce the remainder of the arbitration clause.

Just after the opinion was issued, the parties’ chosen arbitrator, the National Arbitration Forum (NAF), became party in a controversy.

On July 14, 2009, the Minnesota Attorney General filed a complaint against the NAF, alleging it systematically used arbitrators with pro-business biases and engaged in consumer fraud and deceptive trade practices.

On July 28, 2009, the NAF agreed to stop accepting all consumer cases for arbitration.

On Sept. 23, 2009, Keefe argued in the circuit court that the arbitration rider was unenforceable because NAF was no longer able to arbitrate the dispute.

The defendants filed an opposition on Oct. 27, 2009, arguing that the unavailability of the NAF did not render the arbitration rider unenforceable because it was not designated as the exclusive arbitral forum. They argued that the circuit court was authorized to appoint a substitute arbitrator.

The circuit court granted the defendants’ motion to compel arbitration on Oct. 14, 2014.

Keefe appealed.

The Fifth District disagreed with the circuit court, concluding that while the arbitration rider “does not expressly designate the NAF as the exclusive arbitral forum, when the terms of the rider are considered together, the intent of the parties is clear.”

The opinion explains that the rider specifically mandates that the parties’ arbitration agreement be governed by the 1999 NAF Code, and the parties must obtain and file forms with the NAF.

“Indeed, these directions would be meaningless in the absence of the NAF’s designation as the arbitral forum.

“When the arbitration rider is considered as a whole and the term mandating the use of the 1999 NAF Code is read in conjunction with the provision directing the parties on how to obtain the rules and claim forms and where to file the claim forms, the reasonable and natural inference is that the parties intended that their disputes would be arbitrated exclusively before the NAF, and governed by the 1999 NAF Code,” the opinion states.

The Fifth District further held that because the arbitration rider specifically states that the 1999 NAF Code “shall” be used, the Code was “inextricably woven into the fabric of the arbitration agreement.”

The court added that the defendants failed to provide the Code.

“Because the defendants moved to compel arbitration, it was intentionally their burden to establish the enforceability of the arbitration agreement. Any doubts about enforceability that arise from the absence of the 1999 NAF Code are resolved against the defendants,” the opinion states.

However, in Schwarm’s dissent, he argues that it is Keefe’s burden to present a sufficiently complete record to support her claims of appellate error.

The majority held, however, that Keefe had a duty to present a sufficiently complete record of the proceedings in the trial court and may not supplement the record on appeal with documents that were available but not presented to the trial court.

“By all accounts, the record on appeal contains the complete record of proceedings before the circuit court. This is not a case where the appellant failed to include some portion of the circuit court record. The 1999 NAF Code was never presented to the trial court, and the trial court never considered it,” the opinion states.

Schwarm agreed, but argues that after the appeals court first ordered arbitration in 2009, it was Keefe’s burden to submit the 1999 NAF Code before the circuit court.

Schwarm further argues that the arbitration rider concludes that all disputes must be decided exclusively by arbitration, but it does not state that the NAF must act as arbitrator.

“Based on the plain and obvious meaning of the arbitration rider as a whole, it is clear that the parties’ primary intent by the agreement was to arbitrate their disputes under NAF rules and not to require that the NAF serve as arbitrator,” Schwarm states.

Regardless, the unavailability of the 1999 NAF Code and the NAF as an arbitral forum renders the arbitration agreement unenforceable, the Fifth District concluded.

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