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Taxpayers United of America says Madigan likely won't step down despite petition

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SPRINGFIELD – The number of signatures is growing on a petition urging Illinois House Speaker Mike Madigan to step down but Taxpayers United of America's executive director says he's very realistic about the chances Madigan will step down.

"While we certainly hope the unimaginable happens - that Speaker Madigan suddenly decides to relinquish power tomorrow - it’s doubtful," Taxpayers United of America Executive Director Jared Labell said in an email. "History tells us that Speaker Madigan will continue to raise taxes, incur debt, and spend wildly until he leaves office, and the taxpayers of Illinois should see to it that this session in Springfield is his last."

Signatures are being gathered largely online on a page at Taxpayers United of America's website. Paper petitions and copies of the letter were sent to Taxpayers United of America members. Responses via email and :snail mail" are also welcome, Labell said.

"Taxpayers United of America has received thousands of signatures online, in the mail, phone calls, and support via social media," Labell said.

He said the response is heartening, despite the slim likelihood at Madigan will respond to it.

"I’m encouraged by the response we’ve received so far and would certainly love for all Illinois residents to join us in demanding that Speaker Madigan step aside for the good of taxpayers and Illinois’ economy," he said. "Taxpayers are pleading for property tax relief and are worried about possible income tax hikes, but they will remain unsure of their financial futures as long as career politicians like Speaker Madigan rule Springfield."

The swearing in of the 100th General Assembly was scheduled for Jan. 11.

Madigan, the nation's longest-serving state House speaker, has held that seat since 1983 except for a couple of years in the mid-1990s when Republicans controlled the House.

Calls for Madigan to not enter a fourth decade as House Speaker have been mounting.

The Chicago Tribune's editorial board urged voters in the run-up before the General Election to "break up" with Madigan as House speaker.

"Madigan has become a liability for many Democrats on the Nov. 8 ballot, and not only in southern Illinois," the Tribune said to voters on Oct. 21. "The dysfunction of state government, the enormous spending, the pension crisis, the chronically unbalanced budgets - the onus falls largely on the leader who's been in Springfield for 46 years. Since 1971."

Illinois voters, especially those outside of the greater Chicago area, did turn out for Republicans in the General Elections. As a result, the GOP gained four House seats in the legislature. Those results left Springfield House Democrats with a 67-51 majority, eroding the 71-47 super majority the party had before the General Election.

The higher number of Republicans in the State House might be sending its own message to the House Speaker, even if enough Democrats can't be persuaded to join Republicans to vote against him.

Should all Republican House members vote against Madigan, which observers say seems likely, nine Democrats would have to break ranks, which seems unlikely. If that did happen, those 60 votes against Madigan would be enough keep Madigan from continuing on as House Speaker.

Before Christmas, the Chicago Tribune's editorial board issued a list of Democrats who might be persuaded to vote against Madigan.

"What do you have to lose except two more years of dysfunction?" the newspaper's Dec. 21 editorial said. "Remember, you don't work for him. You work for voters. They didn't send you to Springfield to be gutless. They sent you to do what's best for Illinois, regardless of the consequences."

Napoli attorney reacts to updated asbestos standing order; Praises new structure but wants defense bar to share in new burdens

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Asbestos plaintiff attorney Patrick Haines is praising the updated Madison County Standing Case Management Order and the structure it provides, but expressed concern over what he says places too heavy of a burden on the plaintiffs' side.

In an interview on Monday, Haines said he'd like to see balance with more obligations placed on the defense bar.

A partner with Napoli Shkolnik in Edwardsville, Haines said that as asbestos litigation trends change, so too must the standing order in order to make it more efficient.

Madison County Associate Judge Stephen Stobbs updated the court’s 84-page Standing Case Management Order on Aug. 19, with new rules having taken effect this month.

Stobbs had noted that "various new circumstances have made it difficult for the Court and parties to operate with maximum efficiency and fairness, thus necessitating changes in the Standing Case Management Order.”

The document was originally created on Nov. 17, 1995, and was previously updated on Jan. 26, 2011, when Circuit Judge Barbara Crowder presided over the asbestos docket.

Haines said the biggest change is Stobbs’ “trial-ready” requirements, which puts more focus on priority cases.

The updated order requires that plaintiff’s firms provide the court with a list of priority cases and file pre-trial reports to show that the case is ready for trial.

“Cases that allege the disease of mesothelioma, having living plaintiffs with a shortened life expectancy attributable to asbestos exposure as shown by a qualified physician report or are over the age of 70 years shall generally receive priority,” the order states.

In fact, no more than 19 cases may be identified as priority cases for a jury trial docket notwithstanding the number of plaintiff’s firms assigned to trial that week or the number of cases considered to be trial ready.

Stobbs further wrote that plaintiffs must provide answers to standardized written interrogatories and request to produce and must provide all necessary medical information before a trial setting may be established.

“It makes sure plaintiff’s lawyers do their homework,” Haines said.

“We as attorneys all need deadlines,” he added.

However, Haines said that if a case isn’t ready on time, a plaintiff faces the “steep consequence” of possible dismissal due to the updated standing order.

The new order indicates that cases will be dismissed when a trial setting has been provided but the pre-trial report is not timely filed, when a case alleges asbestos exposure but fails to meet medical criteria and when a case on the “cleanup” docket is not set for trial, dismissed or considered special close by Jan. 31 of the following year.

"The judge’s opinions are basically to shut you down” if a case isn’t ready for trial, Haines said. He said he knows Stobbs will be fair, but is concerned about how a case would be handled in the event a new asbestos judge is presiding.

“I don’t want to see it drift in the direction where we are so worried about efficiency that we forget that at the end of the day, it’s about … individual cases and individual facts. I don’t want to get to form over substance,” he said.

The updated standing order also limits the trial settings to 780 cases per year.

Haines said more firms are filing cases in Madison County, which will present difficulties in a couple years when their cases are set for trial. He explained that more parties make it more difficult to navigate the docket.

“It’s not like the old days when you had the docket to yourself,” he said.

However, he did say that it “fosters somewhat of a spirit of cooperation” when multiple firms are on a single docket.

“You have to be aware of that each week, because you aren’t the only lawyer in the courtroom,” he said.

He added that while change is difficult at first, he believes things will smooth out over time.

Haines said he is also happy to see the mandatory mediation requirements, which makes it easier to meet with other parties.

Much of the standing order, including mediation, encourages settlement.

Despite being considered the nation’s epicenter of asbestos litigation, Madison County only averages about one verdict per year. Most cases settle.

“If you want to try a case, everyone looks at you like, ‘no, everything settles,’” Haines said.

Haines said there are some benefits to trying a case to verdict.

“Verdicts do serve a purpose,” he said. “It makes it clear what the strike zone is.”

The Napoli firm earned a reputation for exploding the asbestos docket in 2013 by filing 525 cases - 90 percent of which were lung cancer asbestos claims.The firm opened its local office in Edwardsville in 2012.

Haines said that while historically lung cancer cases tend to settle for less than mesothelioma cases, the verdicts are “comparable.”

Haines said the only changes he’d like to see made to the standing order are more requirements on the defendant.

“We certainly have a big burden right now,” he said.

“I would love to see some balance where there are more obligations on the defense," he added. "I’d like to see more pressure on the defense lawyers."

He explained that parties often fight over discovery, leaving plaintiff’s attorneys forced to either continue the case or try it with less information than what is needed.

He’d like to see more requirements on production and compliance for defendants. 

Haines said the Napoli firm hasn’t litigated with the new rules yet, but its first docket is scheduled for April.

Appellate judges contemplating life of AFSCME contract, as troopers litigate similar claims in LeChien

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Illinois judges continue to prolong the life of the contract that covers about 38,000 state employees in the American Federation of State, County and Municipal Employees.
A week after Fifth District appellate judges in Mount Vernon honored an Illinois Labor Relations Board order that would have terminated the contract, First District appellate judges in Chicago temporarily stayed the labor board

How James Lakin

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When people tell you that they've fallen into money, you naturally assume that they mean it figuratively. You don't suppose they were sailing in a sea of currency and capsized or that they might have been working in a money plant and toppled into a vat of Federal Reserve Notes.

You know what they mean is that they were enriched by unexpected wealth

UPS delivery driver

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A suit alleging a UPS delivery driver injured his back after being attacked by a dog in 2012 is at trial in Madison County Circuit Judge William Mudge

Madison County jury awards UPS delivery driver $16K in suit alleging dog attack; Plaintiff requested $1.6M

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A Madison County jury returned a verdict in favor of a UPS driver on Wednesday, awarding the plaintiff $16,000 in a suit alleging he injured his back when he was attacked by a dog while delivering a package.

Circuit Judge William Mudge presided over the three-day trial.

Plaintiff Steven Campbell was represented by Charles Armbruster and Roy Dripps of Armbruster Dripps Winterscheidt & Blotevogel in Maryville. The plaintiff

Appellate judges contemplating life of AFSCME contract, as troopers litigate similar claims in LeChien’s court

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Illinois judges continue to prolong the life of the contract that covers about 38,000 state employees in the American Federation of State, County and Municipal Employees.
A week after Fifth District appellate judges in Mount Vernon honored an Illinois Labor Relations Board order that would have terminated the contract, First District appellate judges in Chicago temporarily stayed the labor board’s order.
The First District will consider imposing a stay that would remain effective until they have reviewed the labor board’s order.
In the meantime, while the primary union of state employees litigates its contract in St. Clair County, so does the state troopers union.
Lodge 41 of the Fraternal Order of Police sued Gov. Bruce Rauner on Dec. 21, over a freeze he aims to impose on regular raises that the troopers call step increases.
Like the larger union, the troopers aim to preserve the status quo by enforcing a contract that expired on June 30, 2015.
The troopers add an argument that lower pay impairs their pensions in violation of the Illinois Constitution.
Their complaint asks for an order expediting arbitration of their grievance.
Attorney Joel D’Alba of Chicago, representing the troopers, wrote that an arbitration panel held 12 days of hearings from December 2015 to last April.
D’Alba wrote that the panel issued an award on Dec. 2, and that on Dec. 13, the state rejected terms that favored the troopers.
He wrote that the matter would now return to the arbitration panel.
“Injunctive relief is necessary to preserve the status quo during the pendency of the parties’ grievance arbitration,” he wrote.
He wrote that the state’s conduct harmed Lodge 41, “by undermining the Lodge’s member support, the single most vital asset to any labor organization.”
D’Alba filed the complaint along with Chicago colleague Ryan Hagerty and local counsel David Cates.
Circuit Judge Robert LeChien set a hearing on Jan. 13, the same date as a hearing on Rauner’s dispute with AFSCME.
In the AFSCME matter, it took the labor board most of last year to reach a decision, and Rauner estimates the daily cost of the old contract at $2 million.
The state’s contract with AFSCME expired on June 30, 2015.
Gov. Bruce Rauner and the union agreed to abide by it until they signed a new contract or reached an impasse.
Rauner declared an impasse last January, and an administrative law judge for the labor board reached the same conclusion in September.
The labor board generally adopted recommendations of the judge at a meeting on Nov. 15, but did not specifically declare an impasse.
On Nov. 16, Rauner announced that he would implement his last and best offer.
He said employees could earn merit bonuses in consultation with the union, and that everyone with attendance above 95 percent would receive $1,000.
In days that followed, he said he would adopt union proposals on health, safety and bereavement leave:
- On Nov. 30, Rauner announced drug and alcohol testing on reasonable suspicion. Also on that date, in St. Clair County circuit court, the union moved to amend a complaint it filed against Rauner last April but never pursued.
- On Dec. 1, the union moved for a temporary restraining order.
- On Dec. 2, LeChien held a hearing and ordered Rauner to rescind any changes he had made to the contract.
- On Dec. 5 LeChien signed an order, and sent it to Rauner on Dec. 6.
- On Dec. 7, Rauner petitioned the Fifth District for review of LeChien’s order.
- On Dec. 13, the labor board formally declared an impasse at a regular meeting.
- On Dec. 16, Fifth District judges found that LeChien’s order lacked any basis because the labor board’s action changed the circumstances. They left it to LeChien to decide whether to dissolve the order.
- On Dec. 22, at the labor board, Rauner filed an unfair labor practice charge seeking damages of more than $2 million a day.
- On Dec. 23, in LeChien’s court, Rauner moved to dissolve the restraining order.  
Rauner counsel Thomas Bradley of Chicago wrote that the union filed motions to stay the labor board’s order at the labor board and at the First District.
He wrote that the union disregarded procedures for resolving disputes.
He wrote that the action in LeChien’s court constituted the unfair labor practice charge that the state asked the labor board to resolve.
Also on Dec. 23, the First District stayed the labor board’s order for as long as it takes to receive and review a motion for a stay pending appeal.
LeChien dissolved his order on Dec. 28, but noted the First District’s action. He set a hearing on Friday, Jan. 13.

How James Lakin ‘fell’ into some money

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When people tell you that they've fallen into money, you naturally assume that they mean it figuratively. You don't suppose they were sailing in a sea of currency and capsized or that they might have been working in a money plant and toppled into a vat of Federal Reserve Notes.

You know what they mean is that they were enriched by unexpected wealth – a bequest from a long lost relative who passed away, an ugly family heirloom that inexplicably caused heart palpitations for an appraiser on the Antiques Roadshow, that sort of thing.

It is, however, possible to fall into money, more or less literally, if you're good at falling.

Of course, you have to fall somewhere where someone can be blamed for the “accident” and held financially accountable. Which means, that someone had better have assets, or the performance will be a pro bono one.

You have to fall convincingly, too, or at least without an overly critical audience. If the fall seemed on purpose, the jig is up. The moment a security boss strolls by may not be the most auspicious time to attempt a convincing pratfall.

You also have to make sure that you or associates are not caught on camera surveilling the scene of the “accident” in advance of the hazard to which you subsequently succumb.

Getting caught with a squirt bottle after slipping on a mystery liquid militates against the argument that someone else must have spilled it. Credibility can likewise be diminished by a history of similar, well-reimbursed “accidents.”

Not that this has anything to do with James Lakin, the litigant who was recently awarded more than a half million dollars by a Madison County jury in recompense for a slip-and-fall incident at a Casey's General Store in Highland three years ago.

Let's just say, he fell into some money.


UPS delivery driver’s dog attack suit at trial in Mudge’s court; Defense questions when plaintiff returned to work

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A suit alleging a UPS delivery driver injured his back after being attacked by a dog in 2012 is at trial in Madison County Circuit Judge William Mudge’s courtroom.

The trial began Monday.

Plaintiff Steven Campbell is represented by Charles Armbruster and Roy Dripps of Armbruster Dripps Winterscheidt & Blotevogel in Maryville. Armbruster questioned witnesses on Tuesday.

Defendant Kevin Autenrieb is represented by Jason Kleindorfer and Michael Murphy of Freeark Harvey and Mendillo in Belleville. Murphy cross-examined the witnesses.

Campbell filed suit in November 2013 against Autenrieb. He claims he injured his back when he attempted to prevent getting bit by a dog while delivering a package at the defendant’s home, located at 3781 Raymond Road in Edwardsville.

Campbell testified on Tuesday that he has been working with UPS since 1988 and has been a delivery driver for almost 23 years.

He said he delivered packages at the Autenriebs' home on a weekly basis and knew to place the packages in the garage.

He claims that in July 2012, he was delivering a package at the residence and did not see or hear a dog outside the house that day.

He testified he had been trained to honk his horn and have the homeowner come get the package if an aggressive dog is present, but he got out of his truck to leave the package in the garage that day.

“If in doubt, don’t get out,” he said.

However, Campbell said that when he went to set the package down, he heard some shuffling and turned toward it.

He said he saw a dog “bolting” right at him with its mouth open. He said Mary Autenrieb, Kevin Autenriebs wife, heard the commotion and came outside and yelled at the dog.

Mary Autenrieb apologized and told him the dog is aggressive and is currently in training, he testified.

Campbell said he made it a little ways down the road before his back locked up. He called for assistance and was taken to Midwest Occupational Medicine.

“Physically, I was in, without a doubt, without question, the most pain I’d ever experienced,” he said.

He was offered a shot and was prescribed medicine.

During his follow-up appointment, he said he was certainly feeling better, but said he was still in pain. He said his prior testimony that he was “pain-free” has to be “inaccurate.”

Shortly after the incident, he returned to work and was provided with a helper to assist with unloading packages.

When asked why he returned to work, he said he “soldiered up,” and did what he was told.

“I work as instructed,” he said. “I do what I’m told to do. I soldiered up and gave it my best shot.”

However, he was working a couple weeks before he injured his back again while trying to deliver a deer stand.

During cross-examinations, Murphy pointed out that Campbell previously testified that he had not returned to work since the incident. Murphy said his statement of not returning to work was untruthful.

Campbell, however, said it was an inaccuracy with timelines and he was often confused from his pain medications.

Campbell eventually saw Dr. David Kennedy, a neurosurgeon practicing with Missouri Baptist Medical Center. Kennedy testified in a video deposition that Campbell never fully recovered from the dog attack, so the deer stand incident worsened or aggravated his previous injury.

Kennedy, who obtained his medical degree in 1979 from St. Louis University, said Campbell had lumbar strain to the muscles in his back. He said Campbell also had some bulging in some discs and an annular fissure.

Kennedy recommended injections and physical therapy, which generally helps a patient to heal in two or three months.

Campbell said he has followed all directions and attended all approved therapy sessions, but still continues to feel pain.

During testimony on Tuesday, Mary Autenrieb, testified that she was at home and was responsible for the dog, named Callie, at the time of the incident.

She said Callie is a 26-pound border collie-terrier mix and was rescued by the family in May 2011.

She agreed that Callie has a lot of energy and was in obedience training at the time of the incident.

Mary Autenrieb compared Callie to a circus dog, saying she jumps around and loves to play. She said Callie’s nature could sound aggressive to some who don’t know her.

Callie had a shock collar with a remote, but was not trained with their electric fence.

Mary Autenrieb testified that on the day of the alleged attack, she came out the door and saw Callie outside the garage door. She also saw Campbell standing in an arched position with a hand on his back as though he had been hurt. Callie was still barking.

She said she asked Campbell if he was ok, and he responded, “I thought she was going to get me this time.”

She said she could see that he had twisted his back. She offered him water and ibuprofen, but he declined.

She said she then left her house to run errands and saw Campbell’s truck on the side of the road.

During cross-examinations, she said Kevin Autenrieb was not home at the time of the incident.

Murphy chose to withhold his remaining questions for his portion of witness testimony.

Kevin Autenrieb testified that he would not classify Callie as aggressive but said she likes to bark.

He added that he’s never seen her bite at any tires.

He said Callie is his daughter’s dog and would have arrived at the house around 9 a.m., after he had already left for the day. His daughter was training her dog in obedience class to address the excessive barking, which he called a nuisance.

He also explained that the family does have an invisible fence for their dog, Mason, to prevent him from running to a nearby park to play.

Armbruster also called to the stand several UPS and FedEx delivery drivers who had experience delivering packages to the Autenrieb’s residence.

Each driver testified that they had witnessed Callie’s alleged aggressive nature.

A driver testified that Callie was territorial and came out barking, growling and biting the tires. He said he honked his horn and Mary Autenrieb came out to get the package from him. His experience occurred after Campbell's alleged attack.

Another driver said Callie chased him back into his FedEx truck. He said Kevin Autenrieb came outside to retrieve the package.

A third driver said he was helping Campbell deliver packages and was instructed by Campbell not to get out of the truck when Callie came running toward the vehicle.

He said Callie was “circling the van, biting the tires, barking like a little banshee. Kind of going a little nutso.”

Madison County Circuit Court case number 13-L-1904

Madison County closing courts and offices due to predicted ice storm

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With an ice storm warning in effect from 9 a.m. Friday until noon on Sunday, Madison County officials have indicated they will shut down operations tomorrow.

Madison County Board Chairman Kurt Prenzler and Chief Judge David Hylla issued a joint press release announcing their decision to close county facilities, which includes the courts, administration building, health department and various other departments.

Emergency Management Agency Director Larry Ringering said the county was caught off guard when an ice storm struck last month, but this time the county is prepared.

“We are more on the ball,” Ringering said in a press release. “We don’t know yet how treacherous it will be, but we do know the winds are not expected to be as severe.”

Ringering said there could be some power outages with this storm.

He said the county as well as many municipalities are pre-treating the roads.

“We know this will not prevent people from getting out, but if someone doesn’t need to then we advise them to stay home,” Ringering said.

Prenzler said that a storm that hit on Dec. 16 just as employees were leaving work made the commute home for many tough.

“We are putting the safety of everyone first,” Prenzler said in the release. “Also, those with children will not have to make alternative arrangements for them since they will be home as well.”

In St. Clair County, the courts will be closed, but county offices will remain open.

Candidate for Belleville mayor taking on incumbent because he's tired of 'lack of leadership'

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BELLEVILLE – Belleville City Clerk Dallas B. Cook says he wants to be mayor because he's sick and tired of Mark Eckert being mayor.

"After almost four years as City Clerk, I am sick and tired of witnessing Mark Eckert’s lack of leadership and constant lies," Cook said during a Record email interview. "It is time for a change in Belleville and I’ve got the guts to get it done. The taxpayers here are getting taxed out of their homes, taxed out of purchases at local businesses, all to enrich Mark Eckert and his corrupt cronies. The mayor has a pay-to-play system where he gives tax dollars to businesses and they give him campaign funds. For example, Charles Keller of Effingham donated to Mark Eckert and then the Council approved $38 million in incentives for his 'development' or, so far, his lack of developing anything he promised."

Why he wants to be mayor is one three questions the Record asked of Cook. Incumbent Mayor Eckert did not respond to a Record request that he answer the same questions.

Cook and Eckert, thus far, are the only two who have signed papers to run for mayor in this April's election. Eckert has been mayor since 2004 but his re-election in 2013 was by a narrow margin, only 200 votes more than his nearest challenger, Alderman Joe Hayden.

Cook and Eckert have locked horns, particularly over the past year. Last summer, Cook appealed to City attorney Garrett Hoerner to get a judge to order Eckert to stop interfering with the Belleville Clerk's Office. Eckert responded, saying that Cook's request was appalling and that he, Eckert, didn't have time to interfere with Cook's office.

Cook announced his run for Eckert's seat in December. Among other things, he has promised to replace Belleville Police Chief Bill Clay, with Cook saying the chief has not maintained enough school and community visibility and has his officers walking on egg shells.

The mayor's office is one of 11 elected Belleville city seats set to expire this spring. Of them, six incumbents have announced they will run for re-election while five have announced they won't.

In response to the Record question about his vision for Belleville and how his will be better than things are now, Cook said he envisions a Belleville in which businesses locate in the city because it is safe and prosperous.

"Currently Mark Eckert takes our tax dollars and gives them to multimillion-dollar corporations to get them here," Cook said. "I believe that with the proper leadership we can fix our streets and sidewalks, reduce crime, and businesses will be knocking down our door to get in."

As for whether he will run a civil campaign, Cook replied it would be based on facts. "The facts unfortunately are very ugly," he said. "Mark Eckert and his corrupt little minions are already out in the community spreading lies and rumors. I look forward to draining the Belleville political swamp. Liars, fakers, cheaters, and fraudsters have no place in government. It is time to throw the nasty leeches out and take back our city for the people!"

WirePoints Illinois News founder calls for change that would allow state to file bankruptcy

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As drastic as it sounds, bankruptcy may be the only way for Illinois to come to grips with ts dire financial situation, according to a financial expert who supports the idea. 

Mark Glennon, founder of WirePoints Illinois News, said the state is in a “catastrophic situation unfolding in full force.”

In an article posted on his site, Glennon describes catastrophe as shrinking population, an eroding tax base, and an overall decline in state revenue. For Glennon, this boils down to “policy barriers by our own government.”

“This is self-inflicted by our own government,” he said. “It’s fiscal malfeasance run amuck. We have to do something dramatic to break the death spiral.”

According to Glennon, the biggest problem in Illinois are the multiple government pension systems which have gotten out of hand and are in need of overhaul. But previous attempts at reform have been negated by the State Supreme Court, which has sided with workers who in retirement reap many times more than they individually put into the system. 

One of the methods by which Illinois could find a way out of its fiscal crisis is through a constitutional change that would allow for bankruptcy at state and local levels. Currently states are prohibited from filing bankruptcy and would need Congress to amend Chapter 9 of the U.S. Bankruptcy Code.
  
“It is becoming increasingly clear that some kind of bankruptcy procedure is going to be necessary for the state and that means that the primary focus should be on fixing the bankruptcy code at the federal level to make it as workable a solution as possible for towns, cities and the state,” Glennon said.

Providing bankruptcy as a solution could give Illinois the fresh start it needs and stop it from careening toward a black hole, in Glennon's view.

“Even if we get a resolution of some kind it won’t nearly eliminate the budget deficit that is in place, because they (lawmakers) are not talking about changes radical enough to fix the problems,” said Glennon. “The state will be further in debt and the economy will continue to suffer.”

The radical changes that Glennon talks about include government pay cuts, layoffs, hiring freezes, drastic consolidation of different units of government, pension reform and a reduction of power of the public-sector unions.

Glennon said reforms also include amending the U.S. Constitution and allowing state and local government bankruptcy protection.

“It’s gotten so bad for many cities and towns in Illinois, bankruptcy is essential,” he said. “Right now, the bankruptcy code doesn’t authorize states to file. It should allow states to file if necessary. There are a number of changes that could be made to make it a more powerful tool to give government entities a fresh start.”

Glennon also points to hope in an article on WirePoint through a majority turnover of the General Assembly in two years and the possible re-election of Republican Gov. Bruce Rauner.

Highland man accused of causing crash injuries

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EDWARDSVILLE — A married couple's lawsuit against Highland residents Derik Payne and Kristin Payne alleges negligence in connection with a rear-end collision.

Justin Scholl and Mecala Scholl filed a complaint on Dec. 22 in Madison County Circuit Court against the defendants, alleging that Derik Payne breached his duty to exercise reasonable care for the safety of others.

According to the complaint, the plaintiffs allege that on June 20, 2015, Justin Scholl was lawfully operating a vehicle on Poplar Street in Highland and slowed down waiting for the car in front of him to turn left when Derik Payne negligently struck the rear of his vehicle, causing injuries to Justin Scholl that resulted in a loss of consortium for Mecala Scholl. The plaintiffs hold the defendants responsible because defendant Derik Payne allegedly failed to reduce speed to avoid the accident and failed to maintain a careful lookout.

The plaintiffs request a trial by jury and seek judgment in excess of $50,000 for each of them, and for all other relief that the court may deem just and proper. They are represented by Michael P. McGinley and Philip J. Lading of Sandberg Phoenix & Von Gontard PC in Edwardsville.

Madison County Circuit Court case number 16-L-1748

Two women blame Alton City motorist for injuries

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EDWARDSVILLE — Two women are suing Mitchell T. Bowens, an Alton City motorist, alleging negligence in connection with a traffic collision.

La'Shawna Whittenburg and Tina Whittenburg filed a complaint on Dec. 22 in Madison County Circuit Court against Bowens, alleging that the defendant breached his duty to exercise ordinary care.

According to the complaint, the plaintiffs allege that on Dec. 23, 2014, they were in a motor vehicle, lawfully traveling northbound on Belle Street at the intersection of State Street in Alton City, when the defendant negligently attempted to make a left turn and struck the vehicle occupied by the plaintiffs, causing them to sustain serious injuries and resulted in hospital expenses. The plaintiffs holds Bowens responsible because the defendant allegedly failed to keep careful lookout, negligently disobeyed traffic control devices and failed to reduce speed or stop his vehicle to avoid collision.

The plaintiffs request a trial by jury and seek compensation in an amount in excess of $50,000, plus costs of suit. They are represented by Craig J. Jensen of MeyerJensen PC in Alton.

Madison County Circuit Court case number 16-L-1747

Republican state senator weighs in on Illinois budget quagmire

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State Sen. Kyle McCarter (R-Lebanon) calls for lower taxes on businesses, reduced regulations and civil justice reforms combined with belt-tightening as the types of measures needed to get the state out of its financial straits.

He said in a recent interview that operating under a "stopgap" budget as the state did through the end of last year was like crossing a "bridge to nowhere." Instead of concentrating on fixing serious crises, legislators preferred to focus on "politics and partisanship" in the previous session, he added.

Progressive policies are causing "low workforce numbers, high unemployment and the loss of population as families, friends and neighbors move out of state," he said. 

But will a new year usher in a new spirit of cooperation?

McCarter, in speaking with the Record, said: “I think it’s extremely hard for politicians promising so much and for so long to then tell people that they will get less.”

But that shouldn't deter legislators from doing what needs to be done, he said.

“I look at it (the budget problem) like a family issue," he said. "After getting married and having kids we had to say no to a lot of things because we had to live within our means.”

McCarter said that accomplishing any true reforms in Illinois will be a herculean task because it seems as if the fiscal realities of the state have not dawned on most state legislators.

A recent state spending plan asked for almost $3.7 billion for higher education, student grants and the ever opaque area of "human resources,"  he said. As incredible as that sounded, he said, how it was to be "funded" was even more "bizarre." Proponents indicated that funding would be derived from waiving $454 million in debt incurred when the state robbed its “rainy day” fund in 2015.

Despite two years with no budget, a deficit of nearly $6 billion, an estimated $111 billion in unfunded pension obligations, a backlog of bills due totaling $7.2 billion (with interest ranging from 9 percent to 12 percent) and becoming the state with the worst credit score after Moody’s lowered the rating to Baa2, just two levels above "junk" status, a Democratic legislature asked for more spending from a Republican governor, McCarter said.

“The state can’t go bankrupt,” he said. "But systems can.”

As an example, the senator referenced the state’s pension systems. “If pensions go bankrupt, it will hurt a lot of people,” which is why he says the state has a fiduciary responsibility to say "no" once in a while.

But trimming back what is offered to new workers in order to prolong the pension system's existence is considered sacrilege by most Democrats, progressives and even some Republicans, he said.

“If state legislatures address their pensions first (taking some cuts and scaling back raises in their pay-outs) then they could effectively tackle the pension problem,” he said.    

He also said that approving a budget is not the only fix that needs to happen in the state, because as history has shown that for nearly 20 years, Illinois has consistently spent more than it takes in. Attitudes and behavior have to change.

“We know what we have to do," he said. "We’ve got some tough decisions to make."

Tort reform group wants action to stop 'junk' suits in Illinois courts

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A civil justice reform group is seeking to advance legislative proposals that would help eliminate "junk” lawsuits in Illinois courts.

“Illinois needs legal reform,” Travis Akin, executive director of Illinois Lawsuit Abuse Watch (I-LAW), told the Record.

“Venue reform is something lawmakers have been pushing for a long time," he said. "Unfortunately, the majority party leaders in the House and the Senate continue to oppose this common-sense reform. Venue reform would allow civil lawsuits to be filed where the incident occurred or where the plaintiff lives. Cases that have nothing to do with Illinois should not be filed in Illinois. This is a common-sense reform.”

According to a 2016 “Judicial Hellholes” report from the American Tort Reform Foundation, Madison, St. Clair and Cook counties are among the “Top Ten Worst Judicial Hellholes” in the country, due in large part to venue shopping.

Gov. Bruce Rauner has proposed lawsuit reform legislation that includes a proposal to prevent personal injury lawyers from venue shopping.

Another reform I-LAW would like to see is joint and several liability reform.

“It just makes sense to ensure that individuals or businesses found liable in a civil suit are paying their fair share of the damages,” Akin said. “Thanks to the Illinois Supreme Court ruling Ready v. United/Goedecke Services, deep-pocket defendants can now potentially be on the hook for a very high percent of the damages when multiple defendants are involved, even if they are only partially at fault.”

In Ready v. United/Goedecke Services, the Illinois Supreme Court ruled that defendants who have settled cannot be taken into account when allocating fault, making it difficult for any defendant remaining at trial to avoid liability.

Proponents say that Ready encourages all parties to settle claims before they go to trial. Tort reform advocates contend Ready prompts unscrupulous plaintiffs to selectively settle.

“Illinois law makes it easier to hold the deep-pocket defendant more liable than other defendants because of the greater ability to pay,” Akin said. “Individuals or businesses only partially at fault for something should not have to pay a greater percentage of the damages just because they can.”

Rauner has advocated several civil justice reforms but has been blocked by opposing legislative leaders.

Akin says I-LAW has civil reform legislative allies in the Illinois House, including Rep. Steve Andersson, Rep. Tom Morrison, Rep. David McSweeney, Rep. Randy Frese and Rep. Reggie Phillips. Akin says the strongest I-LAW allies in the Senate include Sen. Dan McConchie, Sen. Jil Tracy and Sen. Kyle McCarter.

According to a 2011 NERA Economic Consulting study, Illinois could save up to $2.4 billion in tort costs and create between 54,000 and 147,000 new jobs through legal reform.

Madison County school boards to seek sales tax increase for construction costs

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Madison County school boards will move forward with a sales tax referendum that would go toward construction costs.

A proposed 1 percent sale tax would apply to consumer goods that would be paid for largely by those outside the county, according to Regional Superintendent of Schools Robert Daiber.

“A good percentage of revenue that is generated from this is not paid by Madison County taxpayers," Daiber said. "It is paid for by individuals passing through that may be buying things at interstate marts."

The tax was shot down by voters in a 2011 referendum, but Daiber said voters might act differently this year.

“I think that maybe there is a more sincere need for it, maybe viewed by the public because of the current issues and funding education by the state," he said. "There is no capital construction assistance right now. Most all of our districts can express a more sincere need."

He also said about six new schools had just opened in 2011, so many residents didn’t see a need for the fund.

“Unfortunately to those districts who didn’t have bond issues that were successful for construction they are in greater need right now for facility maintenance,” he said.

However, Madison County Board Chairman Kurt Prenzler has said he is against the tax and points to the overwhelming rejection of the 2011 referendum as an indicator that voters do not have an appetite for increased taxes.

“It was defeated by 81-19 percent,” he said.

He also wrote about taxes in a recent post in which he discussed how the referendum to lower the tax levy for the Madison County government “was approved by the voters by a margin of 4 to 1.”

“The Democrats and AFSCME government employees' union challenged the petitions, but we survived the challenge, because we simply had the necessary signatures,” Prenzler wrote.

He also pointed to the increase in number of Republicans on the county board, saying: “This may be the first time Republicans have a majority of the Madison County Board since the 1920s.”

He indicated that the 2016 election was a voter mandate to lower taxes.

Yet, Daiber said an increase in sales tax revenue for the county is a good reason to consider a sales tax increase for 2017.

“There has been an almost $2 million growth in sales tax revenue from 2011 when the initiative was put forth to today,” he said.

While Daiber said the regional office wouldn’t benefit greatly from the tax, the 13 school districts in the County would.

“The 13 districts would utilize the funds to do one of two things: maintain or complete new construction projects at schools or two, pay down existing bond debt of those construction bonds, which would reduce their debt,” he said. “The 1 percent sales tax can also be used to do a reduction in their levy on their health-life-safety fund, which inadvertently would help to reduce property taxes.”

Each board of education will need to pass a resolution, Daiber explained.

“We have to have enough petitions pass that we have a representation of 51 percent of the students who live in Madison County," he said.

The resolutions will need to be handed to the regional office by Jan. 17 and will need to be reviewed and ratified by Jan. 26 in order to make it on the ballot in April.  

Painting contractor sued for failure to make payments

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EDWARDSVILLE — An equipment dealer is suing a painting contractor for allegedly getting paint overspray on the leased equipment and failing to make payments.

John Fabick Tractor Company filed a complaint on Dec. 30, in the Madison County Circuit Court against Ron Ward, alleging the he failed to perform his contractual obligations.

According to the complaint, the plaintiff alleges that on May 25, 2016, it leased construction equipment to Ward on a credit agreement. The plaintiff allegedly covered the leased equipment with paint overspray. The plaintiff also claims the defendant failed to make payments on the amount due. John Fabrick Tractor Company alleges Ward owes $54,688.  

The plaintiff requests a trial by jury and seeks judgment against defendant in the amount of $54,688, plus interest, attorney's fees, collection costs and any further relief as the court deems just and proper.

It is represented by Mark B. Weinheimer of Weinheimer Law Firm PC in Edwardsville and Craig A. Smith of Craig Smith Law PC in St. Louis, Mo.

Madison County Circuit Court case number 16-L-1787

Patient alleges damages from taking Trazadone

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BELLEVILLE — A patient is suing Gateway Foundation, alleging he became impotent after taking Trazadone. 

Charles Hamilton filed a complaint on Dec. 16, in the St. Clair County Circuit Court against Gateway Foundation Inc., alleging a doctor violated the standard of care by not re-evaluating whether he was having signs of priapism, a known effect of taking Trazadone.

According to the complaint, the plaintiff alleges that in 2012, he was a patient at defendant's facility in Caseyville and was prescribed Trazadone by Dr. Amin. He alleges he continued to take the medication until it was discovered that he developed priapism on July 20, 2013. By then, he had already suffered injuries that required operation and was essentially impotent.

The plaintiff alleges that while he was taking Trazadone, Amin did not see him or speak with him regarding his medical condition.

The plaintiff requests a trial by jury and seeks compensation in an amount exceeding $50,000, plus costs of this suit.

He is represented by Ronald A. Roth of Roth Law Offices LLC in Granite City.

St. Clair County Circuit Court case number 16-L-666

Motorist, passenger allege injuries from Wood River collision

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EDWARDSVILLE — A motorist and passenger allege an East Alton man rear-ended their vehicle and attempted to flee the scene.

Dennis McIntire and Damian Abel filed a complaint on Dec. 23, in the Madison County Circuit Court against Mark A. Meyer, alleging the East Alton motorist breached his duty to exercise reasonable care and caution in operating his vehicle.

According to the complaint, the plaintiffs allege that on Oct. 11, 2016, McIntire was operating his 1999 Pontiac Grand Am with Abel as a passenger. McIntire was stopped at the intersection of Highway 143 and Route 3 in Wood River when Meyer allegedly struck their vehicle from the rear and attempted to flee the scene of the accident.

As a result of the accident, the plaintiffs sustained temporary and permanent injuries and incurred medical expenses, the suit states.

The plaintiffs allege Meyer failed to keep proper lookout, failed to yield and operated his vehicle while under the influence of drug and/or alcohol.

The plaintiffs request a trial by jury and seek judgment against the defendant in an amount greater than $50,000 for each of them, plus costs of suit.

They are represented by Lanny Darr of Darr Law Offices Ltd. in Alton.

Madison County Circuit Court case number 16-L-1750

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