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Jury selection began in Michigan man's asbestos suit in Madison County

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A Michigan man’s asbestos case may go to verdict in Madison County Associate Judge Stephen Stobb’s courtroom after trial began Tuesday with jury selection.

Plaintiffs Stanley Urban Jr. and Janet Urban are represented in the case by Tom Hart and Allyson Romani of Shrader & Associates.

Defendant Hennessy Industries Inc. is represented by Jim Lowry of Chicago.

Most Madison County asbestos cases settle before trial begins, with approximately one case going to trial per year. Last year, two asbestos trialssettled after testimony began.

The Urbans are from West Bloomfield Michigan. They filed their complaint in March 2013. Their most recent amended complaint was filed on Jan. 24. Hennessy is the only remaining defendant.

Stanley Urban alleges he was exposed to asbestos-containing products while working at various auto dealerships in Michigan from the 1960s to 1974. He also alleges asbestos exposure while working at several schools as an auto technology teacher from 1975-present.

Urban alleges he was exposed to asbestos while using Hennessy’s brake grinders.

Urban also alleges asbestos exposure when his family remodeled their home in the early 1960s while he was still living there.

Urban alleges secondary asbestos exposure from his father, who was employed from the 1950s until 1971 repairing heavy machinery.

On Jan. 10, 2013, Urban was diagnosed with mesothelioma as a result of his asbestos exposure.
According to its website, Hennessy is "one of the world’s foremost aftermarket manufacturers of wheel-service equipment."

Madison County Circuit Court case number 13-L-437

Auction company denies running up price at land auction; Says buyers authorized the bid by 'own free will'

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An auction company denies liability in a suit alleging shill or ghost bidding was used to raise prices, arguing that the buyers didn’t have to bid on the land if they thought the prices were too high.

The Dennis M. Kleinschmidt and Diana K. Kleinschmidt Joint Revocable Trust #1, by trustee Dennis Kleinschmidt, and The Mary Kim Fuller Living Trust, by trustee Mark Furrer, filed the complaint on Nov. 14 against Brad Schaller, individually, and Schaller Auction Services.

In their complaint, the plaintiffs allege they participated in a land auction performed by Schaller Auction Services at the Millstadt Quail Club on Nov. 18, 2014. They claim Schaller unlawfully engaged in shill or ghost bidding to raise the price of the land.

They allege the defendants intentionally failed to register and approve all bidders present and failed to record all biddings.

Schaller filed a motion to dismiss the complaint on Dec. 16 through attorney James Mendillo of Freeark Harvey & Mendillo in Belleville.

In regards to count I brought on behalf of Dennis Kleinschmidt, Schaller argues that while he “denies the allegation of intentionally or deceptively increasing the bidding level, the simple fact is that Plaintiff Kleinschmidt, by his own admission, authorized a higher bid and in his words ‘won the auction.’”

Schaller alleges Kleinschmidt himself chose to increase and authorize the bid of $11,000 per acre “of his own free will.”

“If Kleinschmidt believed the land was not worth $11,000.00 per acre, then he did not have to and should not have authorized such a bid. Kleinschmidt then consummated the sale without objection,” the motion states.

Count II was brought by trustee Mark Furrer and alleges that on a separate tract, Schaller “opened the bidding through the unauthorized use of another person’s bidding number in order to induce him to bid higher, which Plaintiff-Trustee Mark Furrer did.”

The defendant argues that if Furrer did not believe the property was worth the price, he should not have made the bid regardless of whether the bid by the defendant was legitimate.

Count III was also brought by Furrer and alleges that the real estate was to be auctioned in multiple tracts according to advertisements, but tracts two and three were offered in combination in a bidder’s or buyer’s option.

Schaller argues that the terms of the auction were announced before the auction began, and it was clearly stated that the two tracts would be offered individually and as a unit.

“The law and the rules of auctions is that the terms of sale may be changed by an announcement made prior to property being auctioned, and that purchaser shall be bound by any such announcement,” the motion states.
Schaller also filed a motion to strike the plaintiff’s jury demand, arguing that the plaintiff is not entitled to a jury trial under the Illinois Consumer Fraud Statute, “as it is a not a creature of the common law and no jury option is provided for in the statute (sic).”

The plaintiffs are represented by Donald K. Schoemaker and James A. Bock of Greensfelder, Hemker & Gale PC in Belleville.

St. Clair County Circuit Court case number 16-L-601

Homeowners deny liability in grandmother’s trip and fall suit while trick-or-treating; They say she should have used the sidewalk

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Smithton homeowners argue that a woman caused her own injuries by failing to use a sidewalk when she tripped over a guide wire for an inflated Halloween display while trick-or-treating with her grandchildren.

Circuit Judge Vincent Lopinot scheduled a status conference in the case for Feb. 21 at 9 a.m.

Donna Rae of Freeburg filed the complaint on Oct. 26 against Michael and Kimberly Mattingly.

In her complaint, Rae alleges she was injured when she tripped on the inflatable decoration on Oct. 31, 2014.

As a result, she claims she sustained pain and suffering, emotional distress, permanent scarring, amnesia and impairment of earning capacity.

Rae alleges the defendants negligently created an unsafe ingress and egress, failed to install warning signs that the guide wire was present and failed to keep their premises safe to traverse.

She seeks more than $50,000.

The defendants answered the complaint on Dec. 9 through attorney John Cunningham of Brown & James in Belleville.

They deny liability and argue that Rae failed to keep a proper lookout for her surroundings and traversed the property in an unsafe manner by failing to use the sidewalk or driveway.

Rae is represented by Grey Chatman Jr. of Chatman & Baricevic in Belleville.

St. Clair County Circuit Court case number 16-L-570

Townhouse Motel denies liability in suit alleging plaster fell on guest

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Townhouse Motel denies liability in a guest’s suit alleging she was injured when plaster fell on her while she was in the shower.

Dana J. Foster filed the complaint on Nov. 1 against Townhouse Motel Corporation.

In her complaint, Foster alleges she was a guest at the motel on March 14, 2016, and was an occupant of a rented room. While in the shower in her room, Foster claims large pieces of plaster fell on her, causing her to suffer injuries and damages.

Foster alleges Townhouse Motel failed to keep the shower area in a safe condition, negligently allowed the shower area to remain in an unsafe condition, failed to replace or repair the ceiling of the shower area and breached its duty to maintain the motel premises in a reasonably safe condition.

Townhouse Motel answered the complaint on Jan. 6 through attorney David Hesi of the Law Offices of Bingley Hart & Hesi in St. Louis.

The defendant denied liability and demanded a trial by jury.

Chief Judge Andrew Gleeson scheduled a status conference for Feb. 14 at 9 a.m.

Foster seeks more than $50,000 for her injuries.

She is represented by Philip R. Rice of Rice Law Offices Ltd. in Belleville.

St. Clair County Circuit Court case number 16-L-581

Madison County jury reaches defense verdict in pedestrian's accident suit

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A Madison County jury returned a defense verdict in favor of a truck driver sued for allegedly driving over a pedestrian’s foot.

The two-day trial ended on Tuesday when the jury entered their verdict for defendant Ronald Skiff in Circuit Judge Barbara Crowder’s courtroom.

Ronald Roth of Roth Law Offices in Granite City represented plaintiff Kimberly Watson.

McDonald & Bogdan of St. Louis represented Skiff.

Watson, a resident of Madison, filed her complaint on Dec. 30, 2014, against Skiff, a Carlyle resident.

She alleged that on Jan. 7, 2013, Skiff was operating a semi-trailer truck in the course of his business, Ron’s Truck Service.

Watson claimed she was a pedestrian preparing to cross the street in the 1800 block of Third Street in Madison.

She alleged she was waiting for a break in traffic when Skiff drove his vehicle so close to her that he drove over her foot, crushing it.

Watson alleged Skiff failed to keep a proper lookout for pedestrians at or near the roadway.

As a result, Watson alleged she suffered injuries, disability, loss of earnings and earning capacity, loss of a normal life and incurred medical expenses.

Watson sought a judgment of more than $50,000.

Madison County Circuit Court case number 14-L-1784

John Cullerton feeds the rumor mill to deflect blame for his failures

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Rumor has it that State Senate President John Cullerton (D-Chicago) is “frustrated” with the current Illinois budget crisis and is contemplating retirement.

So says Chicago Sun-Times gossip columnist Michael Sneed, who reported upon Cullerton’s supposed angst last week, according to her anonymous sources, as always.

We think it’s safe to say, that Cullerton controls this rumor mill.

It’s all part of Cullerton’s desperate campaign to deflect blame from himself for his leading role in digging a financial ditch and driving the State of Illinois straight into it.

And let’s be clear: of everyone who deserves blame, Cullerton ranks close to the top.

Nobody should ever let him forget it.

First elected to the Illinois House in 1979 on the strength of his familiar Chicago Machine last name, Cullerton tried to position himself as an intellectual urbanite, representing a tony north side district full of deep left-leaning thinkers.

He was just “John,” boring compared to the political icons whose name he leveraged to start his career.  “Foxy,” “Parky,” and William “the Wisp” Cullerton were legends, an all star list of self-serving operators, famous for peddling clout and wink-and-nod dealings.

Not John. He was raised in the DuPage County suburbs, not in the gritty neighborhood. He would be more sophisticated-- a new breed of Cullerton.

Until he wasn’t.

John Cullerton took office and quickly settled in as wingman and apologist for rising star, soon-to-be House Speaker Michael J. Madigan.

Madigan was a Machine creation and South Sider whose constituents were rougher around the edges than Cullerton’s. But he was a leader-- and this new breed of Cullerton was anxious to follow, ready to flex his supposed intellectual firepower to further Madigan’s goals.

So as Madigan used state borrowing authority to dangle state-backed cash and state taxpayer-funded goodies to mayors and county board members in exchange for control of municipal jobs and helping him keep the House, Cullerton stood by his side.

As Madigan negotiated for higher and higher defined-benefit pensions for not just state but all municipal workers, under state control, Cullerton served as his “point” on the issue, explaining to anyone who would listen that workers didn’t have to contribute more and that the sky would never be falling.

After Cook County started hemorrhaging jobs to the suburbs, thanks to Madigan’s ill-advised massive property tax hike on all industry, Cullerton tried valiantly to cover for him, proposing the collar counties contract the same disease and raise taxes as well. It would “help homeowners,” the intellectual said.

It’s now been 37 years of the Madigan and Cullerton show.

Our state and cities are effectively insolvent, overloaded with debt.

Home equity for the middle class has been gobbled up by pension-driven property tax increases that are the highest in the country, incredibly going even higher.

Our once vibrant suburban areas are now bleeding jobs themselves-- to Wisconsin and Indiana, places populated with Illinois refugees who left for lower taxes.

And John Cullerton-- he’s trying to raise taxes; to spend more; to borrow again. He’s facing opposition-- and he’s “frustrated.”

To be sure, this Cullerton never got a kitschy, memorable nickname, but as one of the leading architects of Illinois’ financial ruin, history will never forget or forgive him.

Foreclosure claim filed against The Rex Carr Law Firm

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A foreclosure claim was filed against The Rex Carr Law Firm of East St. Louis for allegedly failing to make payments on a $14,311 debt.

Associated Bank, National Association, filed the complaint on Jan. 27 against The Rex Carr Law Firm LLC, Rex Carr, by and through his personal representative Glenn Carr, unknown owners, unknown tenants, unknown spouses, unknown heirs and nonrecord claimants.

Famed attorney Rex Carr died in April 2015 at the age of 88 following a battle with cancer.

Associated Bank is represented in the case by John Mark Hons and the law firm Westminster Legal Group in St. Louis.

The four-count lawsuit includes claims and requests for mortgage foreclosure, suit on note and guaranties, unjust enrichment and appointment of receiver.

In its complaint, Associated Bank alleges the law firm obtained a mortgage loan for $250,000 in July 2013 for the property located at 412 Missouri Avenue in East St. Louis.

The bank alleges the defendants failed to make payments as they became due under the loan. Despite demands for payment, the plaintiff claims the defendants continue to refuse to make payments.

As of Jan. 24, Associated Bank alleges the defendants owe $14,311.65 on the loan, plus interest, costs, fees and advances, for a total of $15,739.55. The bank also seeks $4.07 per day in interest, attorney’s fees, costs and expenses.

The plaintiff also asks the court to issue an order approving the foreclosure sale and an order granting possession.

A prominent plaintiff attorney, Carr was remembered for his intimidating, but skilled courtroom presence and dozens of multi-million dollar awards.

During the 1960s and 1970s, Carr worked as a civil rights lawyer, fighting for equal rights for teachers and African Americans.

Carr’s accomplishments as an attorney earned him a spot in the Guinness Book of Records on three separate occasions.

In 1976, Carr’s personal injury case Hooks v ITT in Washington, D.C., involved a swimming pool accident and was named the largest personal injury verdict at the time. The jury awarded the plaintiff $7 million.

Then in 1981, his work with the Green v Alton Telegraph case in Madison County was named the largest libel verdict at the time.

In that case, two Alton Telegraph reporters allegedly received information linking real estate developer James Green to organized crime. The two reporters sent a memo detailing the allegations to a federal prosecutor on a strike force, who later sent the memo to federal bank regulators.

Green sued the newspaper and was awarded a $9.2 million verdict. The case was later settled for $1.4 million.

In 1988, Carr earned the title of “World’s Longest Civil Jury Trial” after Kemner v Monsanto in St. Clair County lasted a total of 44 months.

In that case, Carr represented 65 residents of Sturgeon, Mo., who were injured when a tank car spilled. The car was carrying a dioxin contaminant in the wood preservative.

Monsanto refused to settle, and a jury ultimately ruled in favor of the plaintiffs, entering a $16.25 million verdict. However, the appeals court later reduced the sum to $1 million.

St. Clair County Circuit Court case number 17-CH-74

New Trier High School avoids diversity like the plague

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To the Editor:

Conservatives claim that government schools are in the tank for “progressivism” and that “progressive educators” lie when they claim to value diversity. There is no better evidence for those claims than the upcoming “All-School Seminar Day 2017” on Feb. 28 at New Trier High School (both campuses), which serves the affluent communities of Northfield and Winnetka.

A perusal of the list of workshops being offered at this mandatory event reveals a leftist dream for “education.” No need to travel to the next White Privilege Conference. New Trier parents can just send their kids to school for a smorgasbord of ideologically non-diverse seminars on “Understanding Today’s Struggle for Racial Civil Rights.”

Esteemed Chicago attorney Joseph Morris describes the seminar as “a rather bold and raw effort at hard-left propaganda with decidedly anti-American, anti-free-market, anti-family, anti-parent, and bigoted biases on display.”

In our quixotic quest for the holy grail of education–ideological diversity–let’s meander about the day’s agenda to learn about some of the workshops and speakers.

Seminars/workshops:

- “Whose Civil Rights?: Transpeople of Color Navigating the U.S.”: “Civil rights are social and political freedoms that everyone in our society is supposed to have access to; however, because of socialization, bias, and discrimination, many trans people (particularly trans people of color) do not have access to these freedoms. In this session, we will explore the current cultural climate that enforces a gender binary and, therefore, forecloses civil rights for many trans people. We will examine how trans people are challenging and changing these systems.”

- “21st Century Voter Supression” [sic]: “A group discussion about the methods and regulations used in the US to deny or limit the voting rights of various minority groups…..The main emphasis of the workshop will be how to recognize, identify, and combat modern voter suppression tactics. Attendees should come out with a few concrete plans or ideas to help address the problem moving forward.”

- “Blackenomics 101 (The Movement, The Music, The Solution)”: “Rapper, entrepreneur, and activist, John the Author explores systemic racism in relation to building a black business and artist presence in minority communities.”

 I wonder what New Trier students will learn from little-known Chicago rapper who penned this little ditty about economics (my apologies to Mr. Author for any translation errors):

CHORUS:
Blackenomics nigga (repeat 8x)
Black beat black, nigga
Black beat black, suga
Black heat black, nigga
Take a back seat back nigga
Not graduate from back
Give back, nigga,
Tell them get back, nigga
Blackenomics nigga (repeat 8x)
Black beat black, nigga
Black eat black, suga
Black heat black, nigga
Take a back seat back nigga
Not graduate from back
Give back, nigga,
Tell them get back, nigga

VERSE 1:
I seek to restore
That’s why I opened the store
That’s why I seek to rebuild
‘Cause I know they seek to destroy
So when they look to the hills,
That’s when I look to the Lord
And when he tell me to kill
That’s when I reach for my sword
Die motherf*cker die
I’m surprised that you’re still alive
I heard you sold your soul a long time ago, but not I nigga, not I
I’m a freedom fighter
Need a lighter—no need cause I’m streakin’ fire, you can buy it from me
All the lyin’ eye of tiger (?) I ain’t lyin’, come to my side you can try it for free
Savor the taste, cause too much can endanger your taste buds
Hope you niggas know what is and what ain’t love
Cause if you don’t, then you can f*ck around and make love
I’m from a city where we had a black mayor but they took his ass
The public school system wasn’t built to last
No equal opportunity or (?) to land on
The only way we stand a motherf****** chance is if we break (?)

CHORUS

VERSE 2:
Blackenomics, that’s the logic, that’s the target
That was not a threat at all, that’s a promise
It’s apparent if you feel it, you will flourish
If you don’t you will perish, incoherent
Lost souls—you lost souls when you crossed over,
Trying to pass like a gallstone
Raised from the foster home
Niggas lost hope when the walls broke
They crucify me, but the cross broke
Heavy is the head that wear the crown
I don’t wanna be king, but I’m the only one ready for it now
Cause all these other niggas selling out
Individualism is all these mothersf*ckers yelling about
Divide and conquer, white supremacy the silent monster
I see you sneaking in the corner trying to have some karma
We ain’t looking to know your honor
No your honor we (?) problem
The resolution is an economic revolution
All in the name of retribution, you ready? Let’s do it
They integrated then infiltrated through immigration
The richest folk in our neighborhood ain’t even our neighbors
They take the dollar back across town, don’t you dare tell me to calm down
(?) mister doghouse
We want it all now, it’s time to push ‘em all out—I’m ready to start now

If this is what passes for education in one of Illinois’ best public high schools, imagine what kind of education our poorest performing schools offer.

- “R.E.A.L.: Race, Equity, and Leadership – A Unique Course for High School Students”: Students will “Experience a snapshot of a unique high school course that is grounded in the Courageous Conversations Protocol. The “Courageous Conversations” protocol was developed by skillful race-baiter Glenn Singleton who exploits public schools to advance Leftist assumptions about how to think about race. I first encountered Singleton and his Pacific Educational Group when I worked at Deerfield High School, where seven one-day visits to District 113 to teach faculty and staff about their institutional racism and “whiteness” cost almost $100,000.

-“Not a Day Has Passed”: Students will watch a slide show based on an article by Lee Mun Wah. According to his bio, Mun Wah is among other things “an…Asian folkteller, educator, community therapist and master diversity trainer.” I first learned of Lee Mun Wah’s “Stir Fry Seminars” when one of Deerfield High School’s premier “change agents,” Daniel Cohen, became a disciple of Mun Wah. Cohen, now an English teacher at Oak Park and River Forest High school, is listed as Stir Fry Seminar “facilitator-intern”:

As a white man dedicated to anti-racist, anti-sexist work, Daniel works to recognize his own assumptions and biases….Daniel has come to realize that he carries his whiteness, his maleness and his heterosexuality with him everywhere.

How dare he. Surely Cohen has learned from the left that he can dump his maleness like a hot potato. And if he can do that, it should be easy-peasy to shed that politically-incorrect whiteness and heterosexuality that mark him indelibly as an oppressor.

- “A People’s History of Chicago”: “In the tradition of Howard Zinn, A People’s History of Chicago is a poetic, progressive history that celebrates this great American city from the perspective of those on the margins whose stories are not often told.” For those who are unfamiliar with Howard Zinn, he was a far left historical revisionist who wrote The People’s History of the United States, which is used in many high school social studies classes. Eminent economist Thomas Sowell said this about Zinn’s pseudo-history book:

It speaks volumes about our schools and colleges that far-left radical Howard Zinn’s pretentiously titled book, “A People’s History of the United States,” is widely used across the country. It is one indictment, complaint, and distortion after another. Anyone who relies on this twisted version of American history would have no idea why millions of people from around the world are trying, sometimes desperately, to move to this country. The one virtue of Zinn’s book is that it helps you identify unmistakably which teachers are using their classrooms as propaganda centers.

- “Western Bias in Science”: “Newton, Darwin, Curie…Can you think of a nonEuropean [sic] or non-American scientist in history? Come examine the western bias in science education, its sources and its implications, in this interactive workshop.”If the theme of the all-day seminar is race, why would all European and American scientists be excluded? Don’t students learn about African American scientists George Washington Carver and Mae Jemison?Moreover, by the end of high school, how many scientists have students learned about in depth? 12? 16? 20? Here’s a question for those rummaging for racism: How many of the 20 most influential scientific discoveries or theories in over 2,000 years of history were the accomplishments of non-European and non-American scientists? And let’s not forget that America and Europe together cover vast geographic territories and include wildly diverse cultures and ethnicities over this time period. Many important American and European scientists are also excluded from the short list of scientists about whom students learn.

- “Developing Empathy & Acceptance by Reading Picture Books to Children”: “Come to the Northfield Library and read picture books to a group of children (ages 3-5). The picture books will focus on themes of embracing diversity…and social justice. Students will lead activities related to the books with the young children.” One wonders what picture books students will be reading to toddlers and who chose them? What forms of “diversity” will be depicted in these picture books?

Speakers:
Andrew Aydin is the keynote speaker at the Northfield campus. Aydin is a policy advisor to liberal congressman John Lewis. Aydin has contributed to the ethically impoverished Southern Poverty Law Center and the dystopian feminist comic book Bitch Planet.

Monica Trinidad “will share her organizing work with We Charge Genocide….She will then lead a hands-on workshop that will guide participants through a discussion of the Black Lives Matter movement today.” Trinidad “is a queer, latinx artist and organizer born and raised on the southeast side of Chicago.” The word “Latinx” was invented by those who detest “gendered” anything, including language. The goal is to “move beyond gender binaries….Latinx…makes room for people who are trans, queer, agender, non-binary, gender non-conforming or gender fluid.”

OiYan A. Poon: “Dr. Poon challenges students to critically analyze systems of higher education, student affairs practices, and to understand their power to transform oppressive structures as social justice change agents…. she received….a 2013 National Distinguished Educator award from the Pacific Education Group’s Courageous Conversations Summit.” An award from the Pacific Education Group is confirmation that Poon is a leftist.

Suggestions for ideological diversity on race

The Winnetka campus is offering a seminar on “Mass Incarceration: Race and Prison in America.” Perhaps in the interest of ideological diversity, seminar organizers could have students read Manhattan Institute scholar Heather MacDonald’s testimony before the United States Senate Committee on the Judiciary titled “The Myth of Criminal Justice Racism.”

In the workshop on black economics, students might be better served by reading some essays by black economist and Stanford University’s Hoover Institution scholar Thomas Sowell.

New Trier could invite Dr. Martin Luther King Jr.’s niece Dr. Alveda King to talk about the “black genocide”: the disproportionate number of black babies being aborted relative to the number of blacks in the population.

Seminar organizers could have students read or listen to and discuss an interview with black author Shelby Steele on “The Future of Race in America.” Steele asserts that fatherless families and the use of “victimization as a rationalization” are the chief causes of the plight of blacks in America.

Perhaps New Trier could offer students the opportunity to listen to a presentation by author and member of the Wall Street Journal editorial board Jason Riley, who happens to be black, in which he discusses his book Please Stop Helping Us: How Liberals Make it Harder for Blacks to Succeed.

I can almost see the scornful scowls on the faces of the organizers of New Trier’s All-School Seminar Day at the thought of exposing students to assumptions about race with which they—“progressive” dogmatists—disagree.

What can parents do?

- New Trier parents could file a Freedom of Information Act (FOIA) request seeking all documents including electronic communication that mentions “All-School Seminar Day,” “civil rights,” “race,” “racism,” “systematic racism,” “institutional racism,” “bias,” and “microaggression.” Those are broad terms, but they can limit the time frame that their request covers to, for example, Feb. 1, 2016-Jan. 9, 2017. This would help them know who the propagandists organizers are. Leftist teachers depend on their anonymity, autonomy, and absence of accountability to exploit their positions and taxpayer money to proselytize and propagandize.

- New Trier parents could call their children out of school on All-School Indoctrination Day. They could call them out for “personal reasons,” or tell the school administration and board members exactly why they’re calling them out. No school administration wants to risk the bad PR that would result if they tried to take disciplinary action against students for their absence, and no teacher wants to risk the bad PR and wrath of parents if he or she tried to dock a student’s grade for their failure to attend an indoctrination day.

- Parents could ask for the total cost to the district of holding this event, including speakers’ fees (and flights and per diem if speakers have come from out of state), cost of materials, and cost of any substitute teachers that may be needed.

- Parents could attend the next school board meeting to criticize (winsomely, of course) the absence of ideological diversity on these topics, which violates the most basic pedagogical obligations of a sound education. School administrators and faculty often respond to parents who challenge obvious bias and viewpoint discrimination by saying that students are free to express dissenting views, but that’s a red herring. The central issue is not whether students are free to express dissenting views. The central issue is whether all students should have their views challenged by the voices of experts or just conservative students. Should all students have the opportunity to have their views reinforced through reading and hearing the voices of experts or is that opportunity reserved just for “progressive” students?

- Parents should request that another “All-School Seminar Day” be offered with equal number of opportunities in which dissenting views (i.e., conservative views) on matters related to race (or gender dysphoria) are presented. If the school administration refuses, they should be asked to defend their refusal. Conservatives are always on the defensive. It’s long past time that we use the hypocrisy, intellectual inconsistency, and rhetoric of “progressives” to put them on the defensive.

It should be obvious that it’s not ideological diversity that we find in government schools today. It’s ideological incest committed by leftists. And the kind of de facto censorship of conservative ideas that is corrupting New Trier’s All-School Seminar Day is what transmogrifies education into indoctrination.

Laurie Higgins
Tinley Park

Former manager of Illinois Lottery faces class action in St. Clair County; Northstar allegedly discontinued games to maximize earnings

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The first private company to run Illinois Lottery is being sued in St. Clair County for allegedy not paying out all - and in some cases any - grand prizes to ticket purchasers.

Chicago-based Northstar Lottery Group, whose 10-year contract with the state was not due to expire until 2021, was fired by the Rauner administration in 2015 after a report showed that Illinois Lottery lost money in 2014. A termination agreement canceled its contract at the end of last year.

Northstar not only was the first private company to manage the state's lottery system, it was also the first private company in the nation to manage a state lottery system, the suit says.

The proposed class action was filed Feb. 6 by attorneys Robert Sprague of Belleville, attorneys at TorHoerman Law and Brandt Law in Edwardsville and Timothy Hoerman in Westmont

It includes retailer and purchaser groups of plaintiffs. Raqqa Food Mart in Fairview Heights, also known as Fairview Lounge, will seek to represent retailers' interests; Michael Cairo and Jason Van Lente of Cook County and John Bean of St. Clair County will represent purchasers.

"Purchasers were induced to purchase tickets for these games and retailers were induced to perform work to sell those tickets," the complaint states. "But before all (or sometimes any) grand prizes were awarded, Northstart discontinued games."

The suit claims Northstar's scheme allowed it to lock in profits for itself and eliminate risk of paying out winnings to ticket buyers as well as bonuses and commissions to retailers.

It further claims the company committed fraud on consumers by misrepresenting the actual odds of winning and reaped unjust profits from retailers by interfering with retailers' contracts and their expectations of commissions and bonuses.

According to the complaint, Northstar was paid operating expenses and incentive compensation.

In 2013 and 2014, the company was awarded $130 million per year for operating expenses, paid out on a regular monthly basis.

For incentive compensation, the company would get a percentage of net income based on exceeding certain thresholds. At the highest level, it would receive 30 percent of net income exceeding $754 million.

Net income includes all revenue derived from the lottery, less paid prizes, commissions to retailers and operating expenses.

"To maximize Net Income, Northstar had an incentive to maximize the Lottery's revenues and minimize its payouts of prizes (to purchasers) and commissions (to retailers)," the suit says.

Plaintiffs claim that in order to win the contract with the state, Northstar had an incentive to make a relatively low bid for operating expenses as that would also benefit the state.

The company also was subject to having its compensation adjusted downward in case of net income shortfall.

Northstar is alleged to have also had an incentive to make a relatively high bid on net income targets, because it would incentivize the state to pick the bidder who had a greater likelihood of not reaching net income goals.

The suit says that net income shortfalls did inn fact occur for fiscal years 2012, 2013 and 2014.

"In light of its motivation to bid low for Operating Expenses, but high for Net Income Targets, Northstar had a strong financial motivation to cover its risk on both of these fronts by increasing the Net Income of the Lottery," the suit states.

Northstar sought to increase income and revenue while it reduced prize payouts and commissions and bonuses to retailers, the suit says. It also successfully boosted ticket sales by hundreds of millions in its first three years as private manager.

The suit describes instances in which special games were created, but before all or any grand prizes were claimed, the games were discontinued.

In 2012, "Birthday Surprise" was one of the games in which Northstar ordered a print of 10 million tickets - more than three and a half times the nunumber of tickets the state would normally sell for $5 games, the suit claims.

The game offered a $150,000 immediate pay out along with a $150,000 prize on the winner's birthday for 20 years.

According to the compalint, the first Birthday Surprise grand prize was awarded in March 2013, but the same month the company planned to discontinue it despite internally calling it a popular game. The suit says that the game ended with only 64 perent of its tickets sold and a second grand prize never awarded.

For the six years preceding Northstar's management of the Lottery, Illinois awarded 87.5 percent of the grand prizes that its big prize games were designed to pay out, but under Northstar management, the award rate dropped to 59.6 percent, the complaint states.

"An award rate decrease of this magnitude is not explainable as happenstance or attributable to a lack of interest in the Lottery - indeed, ticket sales were up under Northstar," the complaint states. "Rather, it reflects Northstar's implementation of a practice of discontinuing games early when the profitability of the game was statistically maximized.

"Because Northstar knew with a reasonable degree of certainty how many tickets had been sold for a game at any given time, how many prizes (and grand prizes) had been claimed for the game, and what the commensurate profitabillity of the remaining unsold tickets was, Northstar was in a position to, and did, discontinue games before winning tickets could be sold."

St. Clair County Circuit Court case number 17-L-51

Defense counsel moves for mistrial during opening statements of Madison County asbestos case

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Opening statements were hardly underway in a rare Madison County asbestos trial when counsel for defendant Hennessy Industries Inc. moved for a mistrial over the plaintiff's request for $8.5 million in compensatory damages.

Towards the end of plaintiff attorney Tom Hart's opening statements, defense counsel Jim Lowry of Dallas objected when Hart asked the jury to award plaintiffs Stanley Urban Jr. and Janet Urban $8.5 million in damages.

They briefly approached the bench, and Hart returned to his opening statements. He rephrased by requesting a "substantial" amount in damages.

Minutes later, the jury was released for a brief recess, and Lowry moved for a mistrial.

"Counsel has been doing this for a long time," Lowry said. "He knows full well that is totally inappropriate."

"I have no choice but to move for a mistrial," he added.

Hart responded that he didn't find the request so prejudicial to warrant a mistrial.

Associate Judge Stephen Stobbs denied the motion at this time, but provided Lowry the chance to submit supportive case law to be reviewed at a later date.

The Urbans are from West Bloomfield Michigan. They filed their complaint in March 2013 through the Shrader & Associates firm. Their most recent amended complaint was filed on Jan. 24. Hennessy is the only remaining defendant.

Stanley Urban alleges he was exposed to asbestos-containing products while working at various auto dealerships in Michigan from the 1960s to 1974. He also alleges asbestos exposure while working at several schools as an auto technology teacher from 1975-present.

Urban alleges he was exposed to asbestos while using Hennessy’s brake grinders.

Urban also alleges asbestos exposure when his family remodeled their home in the early 1960s while he was still living there.

Urban alleges secondary asbestos exposure from his father, who was employed from the 1950s until 1971 repairing heavy machinery.

On Jan. 10, 2013, Urban was diagnosed with mesothelioma as a result of his asbestos exposure.
According to its website, Hennessy is "one of the world’s foremost aftermarket manufacturers of wheel-service equipment."

Most Madison County asbestos cases settle before trial begins, with approximately one case going to trial per year. Last year, two asbestos trials settled after testimony began.

Madison County Circuit Court case number 13-L-437

St. Clair County jury awards motorist $5,500 in car accident suit

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A St. Clair County jury awarded a motorist $5,500 in a car accident suit.

The jury returned the verdict in favor of plaintiff Arthur Lange on Jan. 25 in Circuit Judge Andrew Gleeson's courtroom.

The jury awarded Lange $500 for pain and suffering and $5,000 for past medical expenses.

In his complaint, Lange alleged defendant Chris Bednara negligently caused a collision, resulting in injuries.

Bednara admits that he was negligent and that Lange was injured, but he denies that the plaintiff was injured to the extent he claims.

Lange was represented in the case by John Wilbers of The Wilbers Law Firm LLC in Clayton, Mo.

Bednara was represented in the case by Roger Wilson of St. Louis.

St. Clair County Circuit Court case number 14-L-159

New Trier High School offering students 'smorgasbord of ideologically non-diverse seminars'

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To the Editor:

A group of parents of New Trier High School students is concerned about what their teens will be taught during the forthcoming "All School Seminar Day" planned for Feb. 28, titled: "Understanding Today's Struggle for Racial Civil Rights."

New Trier High School is often ranked among the best in the country. It serves the prosperous suburbs north of Chicago - Wilmette, Kenilworth, Winnetka, Glencoe, most of Northfield, and parts of Glenview - an overwhelmingly white area. The township was traditionally conservative and Republican but now leans liberal and Democratic. Its main campus for sophomore through seniors is located in Winnetka and a freshman campus is in Northfield with freshman classes and district administration.

A 25-page catalogue of courses, programs, seminars, and other events scheduled for the day presents a rather bold and raw effort at hard-left propaganda with decidedly anti-American, anti-free-market, anti-family, anti-parent, and bigoted biases on display.

Below are several of the scheduled workshops and speakers:

- “Whose Civil Rights?: Transpeople of Color Navigating the U.S.: Civil rights are social and political freedoms that everyone in our society is (sic) supposed to have access to; however, because of socialization, bias, and discrimination, many trans people (particularly trans people of color) do not have access to these freedoms. In this session, we will explore the current cultural climate that enforces a gender binary and, therefore, forecloses civil rights for many transpeople. We will examine how trans people are challenging and changing these systems.”

- “21st Century Voter Suppression: A group discussion about the methods and regulations used in the U.S. to deny or limit the voting rights of various minority groups…..The main emphasis of the workshop will be how to recognize, identify, and combat modern voter suppression tactics. Attendees should come out with a few concrete plans or ideas to help address the problem moving forward.”

- “A People’s History of Chicago: In the tradition of Howard Zinn, A People’s History of Chicago is a poetic, progressive history that celebrates this great American city from the perspective of those on the margins whose stories are not often told.”

For those who are unfamiliar with Howard Zinn, he was a far left historical revisionist who wrote The People’s History of the United States, which is used in many high school social studies classes. 

- "Western Bias in Science: Newton, Darwin, Curie…Can you think of a non-European or non-American scientist in history? Come examine the western bias in science education, its sources and its implications, in this interactive workshop."

- “Developing Empathy & Acceptance by Reading Picture Books to Children: Come to the Northfield Library and read picture books to a group of children (ages 3-5). The picture books will focus on themes of embracing diversity…and social justice. Students will lead activities related to the books with the young children. Monica Trinidad will share "her organizing work with We Charge Genocide….She will then lead a hands-on workshop that will guide participants through a discussion of the Black Lives Matter movement today.” Trinidad is "a queer, latinx artist and organizer born and raised on the southeast side of Chicago.”

One wonders what picture books students will be reading to toddlers and who chose them? What forms of “diversity” will be depicted in these picture books?

Andrew Aydin is the keynote speaker at the Northfield campus. Aydin is a policy advisor to liberal Congressman John Lewis. Aydin has contributed to the ethically impoverished Southern Poverty Law Center and the dystopian feminist comic book Bitch Planet.

Monica Trinidad will share "her organizing work with We Charge Genocide….She will then lead a hands-on workshop that will guide participants through a discussion of the Black Lives Matter movement today.” Trinidad is "a queer, latinx artist and organizer born and raised on the southeast side of Chicago.”

OiYan A. Poon: “Dr. Poon challenges students to critically analyze systems of higher education, student affairs practices, and to understand their power to transform oppressive structures as social justice change agents…. she received….a 2013 National Distinguished Educator award from the Pacific Education Group’s Courageous Conversations Summit.” An award from the Pacific Education Group is confirmation that Poon is a Leftist.

The partial list of workshops offered at New Trier's mandatory event reveals a leftist dream for what the left considers education. Instead of attending a conference based on White Privilege, New Trier parents can just send their kids to school for the day long smorgasbord of ideologically non-diverse seminars to learn all about “Understanding Today’s Struggle for Racial Civil Rights.”

Parents at New Trier express anger and outrage

It is not surprising that those on the left are angry by the fact that parents of students attending New Trier have the audacity to object to the forthcoming February 28 "All School Seminar Day" of leftist indoctrination. This has resulted in the objecting parents and students being subjected to merciless bullying in social media and even face-to-face in school.

Any dissent from the official line is labeled as "racist" and "privileged"; the parents' calls for reasonable balance in discussions of such volatile issues are met with oppressive sloganeering along the lines of: "Calls for fairness and balance are themselves evidence of racism and privilege." The bullies wish to tolerate no dissent.

A parents' website is replete with background information on the agitprop program and some of the schemers behind it. It contains calm and lucid information which is accurately and neutrally presented. Visitors to the site can click through to the websites of sponsoring organizations and read their propaganda and statements of their aims and worldviews in their own (vicious and bigoted) words. One can also sign an on-line petition in support of the parents and in opposition to unfair and unbalanced programs of this kind.

Here is the latest written statement issued by parents on Feb. 5 on its website under the heading, "Parents of New Trier High who Say 'White Guilt' Isn't Enough are Being Attacked."

While you are at the parents' website, have a look at the "In Their Own Words" tab where you will find some examples of the bullying and some illustrations of the vicious race-hatred and political propaganda of which the "experts" invited into the school for the indoctrination sessions are capable. Visit also the "What You Can Do" tab. Of importance is that you speak out on social media and elsewhere in defense of the concerned parents and students at New Trier High Schools.

Respectful and thoughtful participation is likewise encouraged and would be very welcome and timely on the Facebook page devoted to discussion of the New Trier All School Seminar Day (and its one-sided program of "anti-racist" and "anti-white-privilege" indoctrination).

Concerned parents organize opposition

Betsy Hart, the well-known nationally-syndicated pro-family columnist, has children in the school. She is one of the key leaders of the Concerned Parents of New Trier.

Many in education claim they desire diversity, but their actions speak otherwise, Hart explained. Regarding New Trier's seminar, parents are not trying to shut down the Feb. 28 seminar. They just want a seminar that will be more challenging for kids. As such, parents are calling for balance and diversity to bring other ideas into the one-sided program being presented at New Trier. Parents have asked to include some topics and hire speakers of their choice, but so far requests have been denied.

The nearby city of Chicago is literally blowing up with many people who are suffering. Exploring how to keep kids out of gangs or a seminar program that would help involve students in inner cities ministries would be far more beneficial than asking parents and children to reflect on white privilege.

Reports about New Trier's racist seminar have spread beyond local media attention.

The Chicago Tribune on Feb. 6 reprinted in the front section of its main paper a report carried over the weekend by its suburban local paper, the Winnetka Talk on the growing controversy regarding the forthcoming day-long mandatory leftist indoctrination program that will be held at New Trier Township High School, once thought to be among the best public schools in the nation but now, alas, descending into the cesspool of inflammatory racist, antisemitic, and other miasms of the ascendant academic left.

Here is the on-line Chicago Tribune link to the report first published in its suburban local paper the Winnetka Talk over the weekend, as published in Section 1, Page 3, Column 1 of the Tribune on 2/6/2017: New Trier High School parents debate planned civil rights seminar.

For additional excellent insight check out a report from Mark Glennon, founder of Wirepoints: "Authoritarians at the Gate: How One High School is Ripping Its Community Apart."

Mr. Glennon begins his article with this message:

"Not since the Vietnam War have I seen as much strife and personal hostility within an otherwise friendly community. Thank the administration of New Trier High School in north suburban Chicago. This story is about the madness on college campuses now being crammed down into a public high school. More importantly, it’s about an angry brawl now growing rapidly."

Will your school be next?

What is happening at New Trier High School is not just an isolated incident. Know what is happening in your own local high school. Progressive education is now the rule of thumb in Illinois and in other states and is being supported and abetted by the Illinois Education Association.

Nancy Thorner
Lake Bluff, Ill.

Federal court green-lights lawsuit challenging state’s gun restriction policies for families

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URBANA — A federal judge recently denied the state’s motion to dismiss a lawsuit challenging its foster parent policies restricting firearms possession.

This is the latest chapter in Shults et al v. Sheldon, a lawsuit filed last July by the Bellevue, Washington-based Second Amendment Foundation (SAF) and the Illinois State Rifle Association on behalf of Kenneth and Colleen Shults in U.S. District Court for the Central District of Illinois. George Sheldon, director of the Illinois Department of Children and Family Services (IDCFS), is named as the defendant.

“We brought this action on behalf of the plaintiffs to establish that the state’s restrictions on the possession and carrying of firearms by foster parents are unconstitutional under both the Second and Fourth Amendments,” SAF’s founder and Executive Vice President Alan Gottlieb said in a news release following the court’s ruling. “…(I)t is important to establish that people do not surrender their Second Amendment rights in order to become foster parents."

District Judge Colin Stirling Bruce ruled that the plaintiffs presented “sufficient factual allegations to state a claim to relief that is plausible on its face,” giving the green light for the lawsuit to proceed.

“We don’t believe … other than their offering speculation and hypothetical horror stories, (the defendant is) going to be able to provide any evidence to justify the strong restriction that they place on foster families,” David Sigale, attorney for the plaintiffs, told the Record.

Court documents state the Shultses are IDCFS foster parents who are currently fostering a child they want to adopt and have three natural children. The complaint states that foster families must sign an IDCFS firearms agreement to securely and separately store guns and ammunition, to have guns fitted with a trigger lock, and to keep the key off the premises or in the gun owner’s possession.

"It's not fair," Sigale said. "Why should the plaintiffs lose the ability to exercise their right to self-defense because they foster children? Why should they have to make that choice?"

Sigale, who began litigating Second Amendment cases in 2008, is currently representing plaintiffs in a similar case in the Western District of Oklahoma.

According to court documents, “The Shultses would possess loaded and functional firearms for self-defense and defense of family, but refrain from doing so because they fear their foster children being taken away from them by the State, and/or being prohibited from being foster parents in the future …”

If the state rejected foster families based on the books they read or the religion they practice, "no one would stand for that," Sigale said. "They wouldn't try any of this with a First Amendment right. And the Supreme Court has held that the Second Amendment cannot be treated any worse. Obviously, the right to self defense is very important."

The plaintiffs are seeking attorney’s fees and costs, and a declaratory judgment that the IDCFS policies restricting firearms possession and carrying by current and future foster parents are null and void.

U.S. District Court for the Central District of Illinois Case number 2:16-cv-02214

Dugan picked to fill Barberis vacancy in Third Circuit

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East Alton attorney David W. Dugan has been picked to fill a vacancy in the Third Judicial Circuit, created when former circuit judge John Barberis was elected to the appellate court in November.

Dugan's appointment by the Illinois Supreme Court, upon the recommendation of Chief Justice Lloyd Karmeier, will take effect March 3.

His term will last through Dec. 3, 2018 when the winner of the November 2018 general election will be seated to a full term of six years.

Dugan, a Republican, said he would seek election to the seat next year and expects he will have an opponent.

He said he respected the way his predecessor and fellow Republican Barberis conducted his campaign for circuit judge in 2014, in that Barberis announced at the outset that he would not accept campaign contributions from lawyers who appeared before him.

In Barberis's recent election to the Fifth District Appellate Court, in spite of a heavily funded negative ad campaign, Dugan said Barberis's win was a "testament to the Democratic process."

"When people actually vote, and look past the (negative ads) and look at the candidates themselves, I was pleased to see that," he said.

In a press release issued by the Supreme Court, Dugan said he was "honored and humbled" by the appointment.

"I am grateful as well to Chief Justice Karmeier for not only his nomination, but also for entrusting me with the responsibilities of service to the people of Madison County."

Karmeier recommended the appointment following a review of applicants by a six-person screening committee, which included attorneys J. Thomas Long of Sandberg, Phoenix, & von Gontard; Andrew K. Carruthers of Hepler Broom; Sara Ann Ingram of Heyl, Royster, Voelker & Allen; Al Pranaitis of Hoagland, Fitzgerald & Pranaitis; Dawn Sallerson of Hinshaw & Culbertson and John D. Stobbs II of Stobbs Law.

“The caliber of the applicants for this position was very high and I am confident that the people of Madison County will be well served by the appointment of Mr. Dugan as their newest resident circuit judge," Karmeier stated in the release. “With 30 years of courtroom experience in both state and federal courts, Mr. Dugan has earned the respect of his fellow lawyers, the judges before whom he has appeared, and the clients he has represented.”

Dugan, who has worked in private practice since 1986, said his practice area has been centered on civil litigation and involved representation of both plantiffs and defendants.

He said that in the last 15 years, he has concentrated on insurance and commercial disputes. He's also been involved in person injury litigation, both on the plaintiff and defense side and in products liabiliy.

Dugan also has served as a part-time assistant state's attorney.

He earned a degree in political science from Eastern Illinois University in 1982 and his juris doctor from Valparaiso University School of Law in 1985 where he was awarded the CJS Jurisprudence Award.

His charitable activities include serving as a board member at Options Now, Counsel for Riverbend Family Ministries, Refuge, and Community Hope Center, and a regular speaker on nursing malpractice at the Lewis and Clark Community College Nursing School.

Dugan has been married to Susan E. Dugan for 30 years and they have one daughter, U.S. Air Force Academy graduate Capt. Sarah E. Martin.

The Third Judicial Circuit is comprised of Bond and Madison counties.

Estate administrator sues asbestos-containing product manufacturers for alleged negligence

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BELLEVILLE — A special administrator of a deceased man's estate is suing Aerco International Inc., Alfa Laval Inc., Armstrong International Inc., et al., asbestos-containing product manufacturers, alleging negligence.

Tommie Andrews, individually and as special administrator of the estate of Willie Andrews Jr., deceased, filed a complaint on Jan. 10 in St. Clair County Circuit Court against the defendants, alleging that they failed to exercise ordinary care and caution for the safety of those working with products containing asbestos fibers.

According to the complaint, the plaintiff alleges that during decedent Willie Andrews Jr.'s life, he was exposed to and ingested large amount of asbestos fibers emanating from certain products he was working with, which caused him to develop lung cancer, that ultimately led to his death on Jan. 29, 2015. The plaintiff holds the defendants responsible for allegedly failing to protect the decedent from the dangers of asbestos.

The plaintiff requests a trial by jury and seeks judgment against the defendants in an amount exceeding $50,000 which will fairly compensate decedent's injuries. He is represented by Randi L. Gori and Barry Julian of Gori, Julian & Associates PC in Edwardsville.

St. Clair County Circuit Court case number 17-L-10


Illinois voter data analysis finds voters registered two, three, even four times

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A recent analysis by Local Government Information Services (LGIS) found almost 50,000 duplicate voter registration records, representing Illinois residents who are registered multiple times.

The data, which was pulled from the the Illinois State Board of Elections voter registration file, shows that there were 49,772 records which showed voters with the same first name, middle name, last name and birth date, and registrations at two different addresses or multiple registrations at the same address, with two unique state-issued voter identification numbers.

The total represents 24,843 unique voters, one person registered four times, 84 people registered three times and 24,758 registered two times.

Voters with multiple registrations can vote multiple times.

You can find the number of duplicate records, broken down by county, in the table below:

County Duplicated Registration Records
Cook County 27,713
Will County2,921
Champaign County1,845
McHenry County 1,711
Kane County 1,302
Winnebago County 915
McLean County 901
DuPage County 837
Vermillion County 755
Kankakee County 718
Grundy County 659
Kendall County 630
LaSalle County 561
Adams County 511
DeKalb County 467
Madison County 436
Livingston County 301
Woodford County 296
Tazewell County 271
St. Clair County 267
Jefferson County 253
Peoria County 252
Jackson County 229
Lake County224
Macon County 216
Stephenson County 208
Williamson County 205
Coles County 192
Rock Island County 177
Bureau County 158
Whiteside County 145
Boone County 128
Knox County 126
Ogle County 124
Macoupin County 123
Pike County 120
De Witt County 103
McDonough County 103
Jersey County 101
Clinton County 98
Iroquois County 98
Clay County 96
Lee County 96
Brown County 93
Marion County 92
Edgar County 85
Massac County 78
Douglas County69
Piatt County 69
Morgan County 69
Henry County 67
Sangamon County 65
Ford County 65
Effingham County 61
Shelby County 56
Wayne County 56
Moultrie County 49
Lawrence County 49
Warren County 48
Montgomery County 47
Monroe County 45
Logan County 44
Christian County 42
Washington County 42
Carroll County 41
Mercer County 38
Richland County 37
Cumberland County 37
Marshall County 35
Greene County 34
Fulton County 34
Bond County 33
Crawford County 33
Clark County 32
Johnson County 32
Randolph County 32
Hancock County 29
Stark County 28
Saline County 26
Cass County 26
Schuyler County 25
Alexander County 24
Mason County 23
Jasper County 23
Perry County 23
Jo Daviess County 22
White County 22
Franklin County 22
Pope County 21
Henderson County 18
Union County 17
Fayette County 17
Wabash County 17
Scott County 16
Menard County 15
Pulaski County 13
Calhoun County 11
Edwards County 9
Hamilton County 8
Hardin County 7
Gallatin County6
Putnam County3

E Pluribus Unum

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As I watched Super Bowl 51, (LI for you purists) and in particular a commercial for Coke, I thought of the title phrase. My dear friends, take out your wallet. Reach inside and get a dollar bill. Turn it over. In addition to the “In God we Trust,” - YES, we still have God on our money - look at both sides. To the left, the very mysterious “seeing eye” and the pyramid, the subject of several books and movies about the influence of the Masons on early America. But looking to the right, we spot the subject of today’s attention. It is the Great Seal of the United States of America, with the Eagle in the middle. He grasps in one talon the tools of peace – an olive branch, and in the other, the arrows of war. We seek peace, but are prepared to fight. But in the fine print, lies the motto of our Nation: E PLURIBUS UNUM… Latin... “From many, One.” I wonder, with the lack of civics training in public schools, how many citizens actually can state and more importantly, translate the phrase. I would think the numbers are small, indeed, very small.
I thought of this sterling admonition, and how far we have drifted, as I watched the Coke commercial, the one with many voices on “America the Beautiful.”
The ad was not new, in fact went back to 2014. Perhaps now, with all the election result tensions gripping the nation, it seems more highlighted. The song is an American standard. One with classic lines like “Purple mountains majesty, above the fruited plain.” It celebrates the greatness, the vast glory of “Sea to shining Sea.” I enjoy all the versions - the Mormon Tabernacle Choir, the Lennon Sisters (showing my age a bit there), and especially the definitive rendition by Ray Charles. They vary in tempo, in pace and in tone, but are joined by one common, respectful trait - sung in English. What bothered and indeed offended me about the Coke ad was not the multiple ethnicities of the singers, but the language.
“America the Beautiful” should be sung, on the unofficial American Holiday of Super Bowl Sunday, in ENGLISH. Period. We are many, but we come together to form one. This is what the motto means. In the rush to celebrate diversity as a goal unto itself, we lose the essence of what it is to be American. We do not have an official language in the USA, and that is a tragedy. It is also the cause of such misplaced efforts as the Coke commercial.
It is not racist, not hateful nor “un American” to suggest that only American citizens should receive benefits from the U.S. government. Sadly, however, this is not the case. As a recently eligible Medicare recipient, I do periodically receive updates on my benefits. While most of the report is personal to me, many sections are generic. Printed on the back, instructions in a whole host of languages - Armenian, Polish, French, Vietnamese…from many, many?? Is this the motto? I think not. Is this the proper use of tax payer monies..? Again, I think not. Everyone who is legally in the U.S. does not have to speak English; BUT all those who collect from a benevolent Uncle Sam, in this country, should be citizens... and U.S. citizens, when dealing with the U.S. government, should speak ENGLISH. Case closed.
America is the great Melting Pot, the place where many do become one. But in so doing, the past lives, while celebrated and remembered, are subordinated to the new life as an American. Preserve the traditions, the culture, the language. Come out in costumes to touch the beauty of a past that flows in your blood. Eat corned beef and cabbage; eat tacos and burritos; eat sodemas and Polish sausage. But in the end, always have allegiance not to the shadows of the past, but the shared future sunshine of being a citizen of the USA. Celebrating diversity for its own sake is actually self-defeating, as it pulls the social fabric in many directions, with no sense of a commonality. When the contents of the pot melt, they are no longer salsa, no longer Velveeta cheese, but the wonderful concoction the two ingredients make, better perhaps, but no longer individuals. E pluribus Unum. From many, one. A stand to be taken.Be not afraid.

State social service agencies sue in St. Clair County to force timely payments for services

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A group of state human and social service agencies and companies filed suit today in St. Clair County against Gov. Bruce Rauner and other state officials to force timely payments for services performed.

The 37 plaintiffs are asking the same circuit court that ordered the state to pay Illinois workers - despite the lack of an approved budget (AFSCME v. Rauner) - for the same basic consideration. The group Pay Now Illinois wants a preliminary and permanent injunction for timely payments of contracts for fiscal year 2017.

“Precedent has been set with the ruling in St. Clair County that required state workers be paid;
we feel our constitutional claims are as strong, or possibly stronger,” said a spokesperson for the group Andrea Durbin.

“We are hoping for the same success so that we can get paid what is owed us, and we can be certain of getting paid in the future. After all, why should state workers be paid, but not state contractors? The state must provide assurance that it is a responsible business partner.”

Plaintiffs, including Caritas Family Solutions, Children's Home and Aid, TASC, Inc., and Lutheran Children and Family Services are represented by attorneys at Despres, Schwartz and Geoghegan in Chicago.

Some of the plaintiffs claim they have received no payments for services in the first half of fiscal year 2017 to date and "most will receive no payment for the rest of the fiscal year unless defendants are restrained from this current course of conduct," the suit states.

They claim the defendants have damaged their capacity to operate; they are unable to rehire the professional staff that had to be laid off in fiscal year 2016; they have been unable to restore programs they had to cut in the last fiscal year and they have to brace for further cutbacks for existing contracts under the stop gap for the rest of the fiscal year.

Since July 1, 2015, the state has been operating without an approved budget. Lawmakers are currently in session, but negotiations on budget deals have stalled. Republicans have resisted an income tax increase without meaningful reforms to state pension and workers' compensation systems, among other things. A package of budget bills sputtering in the Senate dubbed the "grand bargain" included one that called for $7 billion in borrowing to pay down a massive amount of unpaid bills.

The suit says that the stop gap budget adopted by the state on June 30, 2016, has "unlawfully reduced or capped the liability of the State to plaintiffs on the contracts for services in fiscal year 2017."

"For most plaintiffs, the Stop Gap provides less than twelve months worth of funding to pay contracts in both fiscal year 2016 and 2017; that is, a period twice as long as twenty-four months," it states.

It further says that the stop gap budget limits the spending authority of the state under these contracts to Dec. 31, 2016, "although defendants are continuing these contract past that date without any prospect of payment."

By operating without an approved budget or balancing revenue with expenditures as required by law, the defendants have "willfully" removed the state's ability to fund contracts "which they continue to enter," the suit says.

Pay Now Illinois also says the stop gap budget has had the effect of denying a legal remedy for nonpayment in the only venue where the service providers can bring a contractual claim - the Illinois Court of Claims.

According to a press release issued by Pay Now Illinois, this is a second suit filed against officials seeking payment on overdue bills. The first suit filed in May 2016, seeking an injunction and full payments of unpaid services dating back to July 1, 2015, was dismissed by a Cook County judge. The judge agreed that the case presented important constitutional issues and urged Pay Now Illinois to appeal, the release states.

The release also notes that more than 40 percent of the plaintiffs are using or have fully expended their lines of credit, and more than 32 percent are struggling with liquidity issues.

Approximately 76 percent of the plaintiffs have already taken actions to reduce staffing expenditures, while nearly 60 percent of the plaintiffs have reduced services, it says.

"We are suing to get paid, but also to protect the integrity of contracts in the State of Illinois,” Durbin said. “Right now, nobody doing business with the State of Illinois can be certain of getting said. And that is no way to run a business. If the State can get away with not paying our contracts, does any contract holder have security that the State’s word is good? Will they believe that the State of Illinois has integrity?”

HeplerBroom creates specialty practice to fight online security issues

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Edwardsville-based HeplerBroom has created a specialized practice group dedicated to helping organizations navigate cyber threats, data security breaches and data protection issues.

One of the firm’s partners from the St. Louis office said the team has developed industry relationships that will prove an asset in this arena.

“We combine their expertise with our experience to provide the right solution for each client’s specific situation," Glenn Davis stated in a press release. "They no longer need to resort to exorbitantly priced, off-the-shelf, cookie-cutter remedies."

It is the firm’s external resources coupled with the skills and talents of the team members that will make this team unique, according to one of the firm’s partners, Jeffrey S. Hebrank.

“We know that no law firm can address today’s cyber threats alone,” Hebrank said in the press release. “We constantly strive to stay ahead of emerging threats to our clients’ business interests and provide responsive and effective help. Our team approach with other leading service providers allows HeplerBroom to combine high quality, high value legal services with the complementary and effective technical, security, insurance, and public relations services that may be required to mitigate cybersecurity problems holistically.”

The firm’s website lists Glenn Davis, Ben Wilson, Charles Insler, Steve Kaufmann, Patrick Stufflebeam and Robb Sands as the attorneys on the HBCyberGroup team, .

Davis, a partner in the firm, has worked on antitrust issues in a variety of areas and has also covered corporate and securities litigation issues.

Steve Kaufmann, also a partner in the firm, has wide-ranging litigation experience including products liability, negligence and insurance issues and labor and employment, among others.

Stufflebeam is also a partner in the firm and has worked on business litigation matters, which include product liability, cybersecurity and commercial litigation.

Sands has also been focusing his practice on business litigation, which include cybersecurity, commercial litigation and product liability. He is also one of the partners in the firm.

Insler, an associate in the firm, has been focusing on commercial litigation such as antitrust and unfair competition, appellate work and securities litigation.

The team expects to be working in a wide range of areas as the HBCyberGroup, which includes insurance coverage, counsel on legal duties under federal and state laws and regulations, counsel on compliance with industry protocols, emergency response strategies and communications, class action litigation, privacy protection and First Amendment issues and trade secret protection. They will also provide expertise with identity theft, computer fraud and tampering, employment issues, contracts and payment practices, product liability, contractor and vendor policies, company information security policies and response plans as well as social media.

The company has been known for its work in several industries including financial services, insurance, healthcare, professional services, utilities, education, government, manufacturing, chemical, pharmaceutical and retail. 

Members of HBCyberGroup will work out of the company’s offices in St. Louis, Chicago, Springfield and Edwardsville.

Report: Illinois pension debt grew to record $130 billion in 2016

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Illinois is facing a profound pension debt crisis, and a new report from the Commission on Government Forecasting Accountability shows that on average, each household in the state is responsible for about $27,000 in unfunded liabilities. 

That amount of pension debt represents a $4,000 per household increase from last year.

While pension outlays make up more than 25 percent of the state's annual expenditures, the report showed that the state is not getting a handle on its debt. Illinois’ pension debt increased to $130 billion in 2016, which is up significantly from a year ago. It grew 17 percent from 2015. 

On top of the pension burden, Illinois taxpayers pay the highest property taxes in the nation. The state also is saddled with higher unemployment than neighboring states and a slow economic recovery. 

The Illinois Policy Institute recently released a statement on the pension crisis. 

“Now more than ever, this shows that the state’s pension math doesn’t work,” Ted Dabrowski, vice president of policy at the Illinois Policy Institute,said. “It doesn’t work for struggling taxpayers who are forced to pay more and more into the pension funds. It doesn’t work for the poor and disadvantaged who are seeing core services cut. And it doesn’t work for state workers whose retirements are at risk."

Dabrowski offered ways to take action now to correct the increasing debt crisis. 

“Lawmakers have no excuse to continue ignoring Illinois’ crippling pension crisis," Dabrowski said. "They can immediately implement reforms that don’t require changes to the Illinois Constitution, including putting all new government workers on 401(k)-style plans and providing optional self-managed accounts to existing workers.”

The Illinois Policy Institute said Illinois taxpayers are stuck with $1 billion in extra contributions to the pension systems in 2018. This will result in greater cuts to core state services. The group said that if there continues to be no reform in the pension systems, then these costs will continue to increase.

Fitch Ratings has said the state pension plans are the worst in the country. For every dollar needed today to pay out benefits in the state's five pension funds, there is only 38 cents on hand.

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