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Madison County real estate Aug. 19-26

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August 19, 2015

Alton

$500- 3103 Hillcrest Ave. - Timothy V. and Lupe E. Gade to Jeri Atkins
$112,900- 1924 N. Rodgers Ave. - Dennis A. Franke to Cory Waterbury
$69,000- 406 E. 3rd St. - Kyle Richard Brown to Rodney J. and Carrie L. Kalina
$72,500- 1050 Washington Ave. - Carrel and Bonnie Trail to Charonda White and Sondra Harrell
$2,550,000- 348 Mitchell St. - Belle Manor Apartments to The Landings at Belle Meadows

Bethalto

$50,000- 427 Bartmer Dr. - US Bank to Earl D. and Rebecca M. Green
$135,000- 513 Arizona St. - Todd and Kristen Dailey to Nicholas and Jessica Rea

Collinsville

$74,580- 134 Kenwood - Judge Ben Beyers II to Secretary of HUD
$69,000- 304 Bill Lou Dr. - Bank of America to Health Source LLC
$475,000- 503, 509, 517 W. Main St., 510 W. Clay St.- Robert C. Herr to Stonemor IL Subsidiary
$98,000- 500 W. Clay St. - Robert C. Herr to Stonemor IL Subsidiary
$67,000- 506 W. Clay- Robert C. and Judith A. Herr to Stonemor IL Subsidiary

Edwardsville

$71,240- 7324 Kindlewood Dr. - Hearthstone Development to Randall and Sharon Lemon
$62,500- 3840 Ember Ct. - Hearthstone Development to James and Stephanie Siepka
$71,240- 7309 Kindlewood Dr. - Hearthstone Development to Remington Properties
$3,500- Nassau Dr. - Matthew T. and Donna J. Munro to Scott D. and Lisa M. Warrer

Glen Carbon

$1,675,000- 50 Fountain Dr. - Robert C. Herr to Stonemor IL Subsidiary
$429,000- 409 Westchester- Kenneth and Rhonda Sue Pape to Christopher F. and Ruthann B. Wolfe
$91,500- 17 Oakdale Lake Cr. - Betty L. Krumeich to Robert A. Aebel

Godfrey

$13,738- Chambers Rd. - Katherine Chambers Trust to Richard A. and Sharon L. Chambers
$138,00- 417 St. John Dr. - Adam and Rachel Sinclair to Thomas and Allison Rhanor
$96,000- 7801 Meadowlark Dr. - Anthony J. and Leah Kuebrich
$139,900- 4707 Dwarf Ln. - William and Nancy Netzhammer to Jonathon and Elena Wooff
$152,000- 5007 Eiffel Ct. - Jerome W. and Linda K. Dietrich to Jeffrey L. Joyce
$105,000- 4810 Clifton Terrace- Ann, David and Robert Bromaghim to Herbert L. Cofer
$106,750- 204 Redwood Dr. - Eddie Wayne Inlow to Garlen E. Hankins III

Granite City

$127,000- 3125 Yale Dr. - Youshu Lin to John Arbogast
$12,500- 2923 Palmer Ave.- Lindell Walker to TLC Properties Plus
$14,000- 2251 Benton St. - Lindsey Jones to Marvin and Cynthia Mills
$84,200- 2108 Waterman Ave. - Sofia Properties to Hayley Mertz

Hartford

$70,000- 106 E. Birch St. - David and Tracy Mceuen to Hartford

Highland

$117,500- 2 Burr Oak Dr. - Goshen Real Estate to Nancy Hanratty
$287,500- 3911 Meadow Ln. - Gary L. and Retha C. Turner to Lowell Michael and Jill Ann Kircher

Madison

$7,500- 2107 Hilderbrand- Michael H. Stout to Mark Mason

St. Jacob

$363,000- 8804 Wendell Creek Dr. - Resource Construction Co. to Theodore Schweitzer, III and Nicole Schweitzer

S. Roxana

$200,000- 2323 Kearbey Ln. - Kearbey Truck Service to GRL Contracting and Lighting LLC

Pontoon Beach

$35,250,000- 12 Gateway Commerce Dr. E- Gateway RT Owner to Gateway 673 Realty Company

Roxana

$97,900- 111 W. 2nd St. - Herrin Construction Co. to Brian R. Hommert and Jessica Laux

Wood River

$60,000- 316 S. Main St. - Stephen M. Huch to Samuel J. Shattuck Jr.
$140,000- 316 Crestview Dr. - C. Allen and Dianna Johnson to Carol A. Roberts


August 20, 2015

Alton

$33,000- 3506 Ohio St. - Michael R. Mazrum to Rebecca Basden

Bethlato

$25,000- 132 Garrettford Dr. - Schreiber Arm to C.A.Jones

Collinsville

$113,000- 116 Kimberly Ct. - Fannie Mae to Keith E. and Ann E. Recklein
$57,000- 1315 Lester - Fannie Mae to Amber Williams and Whitney Rice

Edwardsville

$352,500- 90 Kriege Farm Rd. - William and Mary Flach Trust to Masonic Temple Association of Edwardsville
$128,900- 1418 Grand Ave. - Nina J. Baird to Gloria J. Fields
$224,000- 3707 Merkel St. - William Killion to Glenn Stoltz

Glen Carbon

$87,000- 108 Fountains Dr. - The Fountains of Sunset to Carrington Custom Homes

Godfrey

$210,000- 1434 Fox Lake Dr. - Daniel and Joy Webster to Dennis and Pamela Walls
$74,000- 509 Nicolet Dr. - Keith and Cynthia Rutherford to Richard D. Melton

Granite City

$20,000- 2433 Center St. - V Mortgage Reo 1 LLC to Kristian Schmidt
$17,000- 2605 Center St. - Secretary of HUD to Bradley T. Anderson

Moro

$86,000- 404 W. Moro Dr. - Kevin and Rebecka Goodman to Douglas Singleton
$157,900- 5567 Moro Rd. - Lifebrook Church to Daniel G. and Cassandra Eberhart

Wood River

$88,900- 751 Purvis Dr. - Valerie B. Doherty to Beverly Hodges


August 21, 2015

Alhambra

$163,750- 9401 Fruit Rd. - Bill and Joann Haywood to Timothy Joe Pryor II

Alton

$24,000- 832 Logan St. - Secretary of HUD to Angela and Nicholas Bosoluke

Collinsville

$162,000-307 Bridle Ridge Rd. - Keith and Ann E. Recklein to Casandra and Kyle Duncan
$44,000- Main St. - Josefina G. Rezabek to SRT Properties
$269,000- 94 Timberwood Ln. - Bradley A. and Jennifer F. Keene to James Renick
$97,000- 825 Lasalle St. - Anthony and Barbara Janini to Sue J. Badger
$101,900- 206 S. Aurora St. - Brett W. Wehking to Pamela L. Allen
$408,000- 5808 Joyce Ln. - Michael J. and Jill N. Ceretto to Bradley A. and Jennifer F. Keene

Cottage Hills

$35,000- 1324 2nd St. - Karen S. and Jonathan C. Grinstead to Dania Cobaxin Fiscal, Jorge Cobaxin Fiscal and Hilario Rascual Hernandez

Edwardsville

$255,000- 7008 Stoney Creek Dr. - Kyle and Sandi Baggett to Lena and Ricky Thai
$452,757- 3917 Shale Dr. - Lerch and Musec to John and Michelle Coleman
$206,500- 1720 Cloverdale Dr. - Craig A. and Lauren L. Watson to Dennis R. and Virginia S. Hessel
$99,900- 1519 Beveridge Ct. - Govenors Way to Carrington Custom Homes
$89,900- 3309 Snider Dr. - Vicksburg Development to Carrington Homes

Glen Carbon

$60,000- 104 & 108 Walden Dr. - Jak Properties to Spencer Homes LLC

Granite City

$107,500- 3319-3321 Wilshire Dr. - Anthony and Kayla Ortolan to Timothy E. Miller

Highland

$328,460- 13479 Wildlife Trail- Penn Builders to Matthew K. and Heather D. Hulvey

Madison

$25,000- 1723 Elizabeth St. - Rita J. Barnhart to Andrew F. Economy
$1,000- 1017 Grand Ave. - First Community Credit Union to Michael and Anna Sabados

Maryville

$125,000- 2336 Williams St. - Tiffany S. and Aaron Sitzes to Suzette Mills

Roxana

$30,360- 309 Rohm Place- The Judicial Sales Corp. to Secretary of HUD

Troy

$472,230- 4132 Antler Piont- Christopher J. and Diane M. Duncan to Tobey Suter, Julia Suter, Gerald Haegle and Ruth Haegle
$215,000- 223 Shadownbrooke - Tobey and Julia Suter to Bryan and Jeannette Kromray
$305,000- 337 Quail Lake Dr. - Lindow Contracting to Kristina R. Kolda


August 24, 2015

Alton

$55,000- 3414 & 3400 Robin Ave. - Estate of Robert H. Treise to Christopher M. Marsek
$199,900- 905 Hopp Hollow Dr. - The Edward Sholar Sr. Trust to Barbara Ann Floyd

Collinsville

$88,000- 243 Mill St. - Maurice F. and Jean M. Clancy to Kristin Byers
$137,000- 308 E. Wickliffe Ave. - Jeremy r. and Jessica Brown to Colton T. Rhodes
$100,00- 602 Summit Ave. - Larry Nguyen, Phong Thanh Vo ad Elizabeth Nguyen to Collin and Jessir Carson
$60,000- 813 Vivian St. - Secretary of VA to Jon Mason

E. Alton

$31,000- 612 Washington Ave. - James Gholson to Michael and Jayne Poulsen

Edwardsville

$5,000- A613 Westview Dr. - Holishor Association to Chad E. Bartels
$42,000- 952 Hillsboro- Paul Peters to Rue Foe
$425,000- 301-303 N. Main St. - John Schulte to Studio 7 Art Gallery
$173,000- 316 W. Park St. - Lindsey Wulfing to Sarah L. Allen
$255,000- 1327 Gerber Woods Dr. - Charles A. and Dee Ann A. Thompson to Jaime and Aaron Beveridge
$115,000- 4506 DRDA Ln. - Clyde and Robin Hentz to David Fulbright

Glen Carbon

$123,000- 6054 State Route 162- Health Sourcer to Investcon
$290,250- 101 Meridian Oaks - Osborn Homes to Robert and Nichole Christine Bas

Granite City

$105,000- 2220 Bern Ave. - Kowalski Family Trust to Adam P. Crader and Darion E. King
$25,000- 630 Tennessee Ave. - Secretary of HUD to David R. Miller

Highland

$185,000- 3307 State Route 160- Ervin G. and Jill Schwend to Corey M. Ingram

Maryville

$44,900- 1865 Appleton Ct. - Remington Place to Robert and Diane Childers
$19,000- 309 Drost St. - Vicky Tarrence to Health Sourcer

Troy

$88,000- 807 Lancelot - Michael and Rebecca A. Henderson to Lawrence and Patricia Somraty

Wood River

$89,900- 770 State St. - Matthew A. and Millie L. Chmielewski to Brice A. Davis
$19,900- 968 Acton- Sandra F. Kessman to Christie A. Schauf


August 25, 2015

Alton

$142,000- 4311 Ann Dr. - Karen Sopronyi to David M. and Denise A. Hellrung
$40,000- 8414 Paradise Key- Ralph G. and Marsha K. Paslay to Justin R. and Sarah E. Mathenia

Bethalto

$192,900- 143 Independence - Aaron J. and Leanne Parmenter to Charles R. and Rose M. Poynter

Collinsville

$1,520,000- 812 S. Morrison- Retko Group to Red Dot Storage 26

Edwardsville

$130,000- 697 Blvd. De Cannes- William R. and Suzan L. DeQuasie to Shawn R. and Patricia M. DeQuasie
$96,000- 816 Yale Ave. - Judith D. Verseman to Howard and Gloria Hall
$285,000- 1318 Springbrooke Dr. - Marcus and Stacey Horton to Jeremy Robert and Jessica L. Brown
$225,000- 2511 Hunters Ridge - Anthony J. Bobrowski to Vincent Hogue
$245,000- 1605 Stonebrooke Dr. - Wayne J. Miller to Jason R. Stepzinzki
$80,000- 8733 Maple Rd. - Robert A. and Patricia A. Williams to Lucas A. and Amanda M. Williams
$232,000- 2709 Cabin Creek Ct. - Ashwini W. Pandit to Justin M. and Jessica S. Pinegar

Glen Carbon

$400,000- 13 Dunbridge Ct. - Richard W. and Rebecca A. Turner to Gary and Regina L. Massey

Godfrey

$145,700- 6433 Godfrey Rd. - Leslie M. Hruby to Robert and Charline Geiger
$137,000- 2716 Canterbury Ln. - Liberty Bank to Ronald L. and Karen E. Cobine
$127,000- 6803 Scenic Byways Ln. - William J. Wells to Elizabeth C. and Wilbur E. Rothe
$340,581- 6300 Pierce Ln. - Duane Bailey Judge of the Circuit Court fo Madison County to Secretary of HUD
$41,000- 716 Pleasant Valley Dr. - Ralph G. Paslay Custom Homes to Terry A. and Becky L. Close

Granite City

$18,000- 2203 19th St.- Allen A. Rascati to Wayne Musatics
$45,000- 602 Chouteau Ave. - Thomas R. Colbert to Norwood Investment Group
$65,000- 2542 Benton St. - Karen M. Messick to Marvin Brokaw
$74,000- 1614 Minerva- Justin M. and Jessica S. Pinegar to Triston Palmer
$103,800- 3315 Wabash - John T. Heck to Michelle Fink
$158,000- 4230 Breckenridge Ln. - Chad Hitchcock to Darin S. and Julia N. Brown
$37,000- 2919 Marshall Ave. - Pauline Demery to Nicole Collins
$75,000- 2432 Terminal - Michael Lee Braman to Gena Christine Griggs and Jeremy Crowell

Highland

$114,000- 13 Kaeser Ct. - Nancy Kay Goodson to Dwight D. Rutz
$2,200,000- 12447 US Hwy 40- Retko Group to Red Dot Storage 26

St. Jacob

$27,000- State Route 4- Kevin C. Kaufhold and Debbie L. Purviance to Robert L. and Kimberly A. Martin
$45,000- 1390 Cypress Rd. - Theodore and Nicole S. Schweitzer to Janet Marie Lewis

Staunton

$175,950- Wiseman Rd. - Lloyd R. Garde to Kenneth W. and LInda S. Meyer

Troy

$55,000- 702 S. Main St. - Sharon Walker to Jared Jackson and Jennifer Chatham
$52,000- 417 McClelland Dr. - Vicksburg Development to Aaron and Kayla Albertina
$700,000- 1585 Troy-O Fallon Rd. - Retko Group to Red Dot Storage 26
$125,00- 301 E. Clay St. - James D. Hoge Jr. to Matthew T. and Kimberly L. Griffis


August 26, 2015

Alton

$28,600- 628 Henry St. - Erkin C. Baker to Paul Krueger

Bethalto

$67,725- 906 Circle Dr. - JPMorgan Chase Bank to Robert B. Bettorf
$105,000- 316 Sanders St. - James M. and Elysia S. Sepich to John Hill and Karissa Monroe

Collinsville

$93,000- 110 Kingsbury Ct. - Charles R. Tottleben to Paul E. Drumm

Cottage Hills

$500- 181 Neunaber St. - Devin L. Reynolds to Jack L. Caldwell

E. Alton

$86,800- 479 California Ave. - George Rich to James Tuetken

Edwardsville

$206,000- 111 Wagner Ln.- JCS Acquistions LLC to Raney E. Houbin

Godfrey

$300,000- 96 Hawthorn Rd. - Virginia R. Ryrie to Anthony and Janet Militello
$136,000- 1802 Biscay Dr. - Wells Fargo to Jennifer Elaine Dunham
$141,000- 372 Hand Dr.- Kathleen P. Ramsey to Matthew Mindrup and Jenna Davidson

Granite City

$20,000 -1925 Joy Ave.- Bayview Loan Servicing to Dana Ficker
$40,000- 2832 Fortune Dr. - Federal Home Loan Mortgage to RPW Properties
$10,000- 1743 Maple st. - Jeffrey A. Rill to John Gancheff

Highland

$82,356- 5 Noel Ln. - The Judicial Sales Corp. to Financial and Marketing Solutions

Troy

$236,500- 7308 Graythorn Ct., Unit A- Resource Construction to David E. and Mary Ann Gensert
$161,900- 533 Meadowlark St. - Nancy S. Gaumer to Matthew and Tisha Omans
$160,000- 2712 Posey Ln. - Harold Ray Parker to Shani Emrich


Madison County foreclosures Aug. 29-Sept. 4

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August 29, 2015

US Bank v. Christine Oldenburg and Michael B. Toon, $196,053.79, 6105 Keebler Oaks Dr., Maryville. 15-CH-501

August 31, 2015

US Bank v. Joshua Welborn, $62,191.67, 700 Valley View Dr., Bethalto. 15-CH-502
Federal National Mortgage v. Michael Schardan, $42,045.57, 408 Rose Ave., South Roxana. 15-CH-503
Selene Finance v. Dennis Crawford and Katie A. Crawford, $171,850.59, 430 Buena Vista St., Edwardsville. 15-CH-504

September 1, 2015

Delmar Financial Co. v. Danny R. and Sandra G. Wilson, $7,943.10, 2401 E. 25th St., Granite City. 15-CH-505
Associated Bank v. Phillip E. Sparrowk, $37,724.67, 2432 Randolph St., Alton. 15-CH-506
The Bank of New York Mellon v. Gayla J. Maxwell, $63,778.57, 2613 E. 28th St., Granite City. 15-CH-507
Wells Fargo v. Marlise M. Boyer, $76,972.77, 1503 Poplar St., Unit 6, Highland. 15-CH-508

September 2, 2015

Carrington Mortgage Services v. Michael S. Kirchner, $84,021.89, 2524 Alfaretta Ave., Alton. 15-CH-509
Wells Fargo Bank v. Robyn E. Bedwell, $33,665.04, 925 Reynolds St., Madison. 15-CH-510

September 3, 2015

Wells Fargo Bank v. Anthony R. Whitehead, $164,493.95, 6 Glenwood Dr. Bethalto. 15-CH-511
United Community Bank v. Jason L. and Stephanie K. Withers, $16,898.92, 1417 Lee Ave., Cottage Hills. 15-CH-512

September 4, 2015

Wells Fargo Bank v. Diane M. Asaro, $54,286.24, 204 Mather St., Alton. 15-CH-514
Stonegate Mortgage v. Lauren M. Bettorf, $145,347.54, 206 Division Dr., Collinsville. 15-CH-515

Madigan comes up short on SB 1229 override

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The Illinois House of Representatives fell three votes short of overriding Gov. Bruce Rauner’s veto of Senate Bill 1229, a bill that would have removed the governor from the negotiating table in talks to determine future pay and benefits for members of the American Federation of State, County and Municipal Employees.

House Speaker Mike Madigan said on multiple occasions he had the votes for an override.

He was wrong.

The veto stood thanks to the willingness of three Democrats – state Reps. Jack Franks, Ken Dunkin and Scott Drury – not to vote to overturn the governor’s veto.

Dunkin told ABC 7’s Charles Thomas he was in New York City and would not be returning this week. He also raised questions about SB 1229, saying: “The budget debates in Springfield had not adequately addressed black community issues.”

Franks told the Northwest Herald, “I didn’t support the override, or either side. I wanted these guys to work it out.”

Drury told the Chicago Sun-Times he didn’t support the override either.

“I came to the conclusion that this bill was bad policy for labor,” Drury said. “The right to strike is sacrosanct.”

“In looking at this bill, whatever short term benefits there may be toward the negotiations today there is a hefty price to pay, which is giving up the right to strike.”

The Illinois Senate voted to override the governor’s veto on Aug. 19. If the House had followed suit, an unelected and unaccountable panel of three arbitrators, not the governor, would have set the terms of the next contract, which would cost the cash-strapped state billions in additional spending.

SB 1229 was bad policy first and foremost, but it was also explicitly political, as it would apply only to “collective bargaining agreements, expiring on or after June 30, 2015 but on or before June 30, 2019.” In other words, it would’ve only applied during Rauner’s tenure and would’ve sunsetted shortly thereafter.

Now, the state must get back to the business of negotiating a new AFSCME contract.

The union’s previous contract expired on June 30, and AFSCME is in the process of negotiating a new contract with the state – the union agreed to two extensions of the existing contract, covering 90 additional days of work. According to a memo from the governor’s office, AFSCME’s leaders are pushing for four-year raises ranging from 11.5 to 29 percent, a 37.5-hour workweek, five weeks of vacation and enhanced health-care coverage.

AFSCME’s current contract extension is set to expire Sept. 30. At that point, the union will either have to extend the previous contract again, or come to an agreement with the governor on a new contract.

Rauner has already come to a new contract agreement with the Teamsters. The union, understanding the state’s dire fiscal straits, engaged in honest negotiations, and agreed to a four-year salary freeze in return for incentive bonuses, according to the Chicago Tribune.

Teamsters Joint Council President John T. Coli had this to say:

“Members of the Rauner Administration proved to be tough, but reasonable and honest negotiators. They compromised and gave concessions to us in order to reach an agreement that was fair to the state as well as the Teamsters. Our negotiations prove that when both sides come to the table and leave political agendas at the door, the citizens of Illinois benefit”

No matter what happens, the failure to override Rauner’s veto of SB 1229 signals a shift in the Statehouse away from the absolute power of the status quo. Despite Democrat supermajorities in the House and Senate, legislation to achieve the reform Illinois needs is still in play because of open-minded Democrats in swing districts.

Now that SB 1229’s fate is settled, it’s time for AFSCME and Rauner to work together toward a contract that Illinois taxpayers can afford.

Hilary Gowins Yelvington is an editor at the Illinois Policy Institute.

Alton man sues school district, alleging negligence in sinkhole accident

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An Alton man is suing a municipality and school district alleging the school failed to repair a damaged storm sewer that eventually caused a sink hole and flooding on his property.


Robert Blanton filed a lawsuit on July 30 in Madison County Circuit Court against the city of Alton and Alton Community School District No. 11, alleging negligence.


According to the complaint, Blanton lived in a house adjacent to Alton Middle School, located at 2200 College Ave. in Alton. The suit says a damaged storm sewer that runs, in part, from the school to his home caused a sinkhole in spring 2012. He claims that several times after the damaged sewer was discovered, more flooding took place on the plaintiff's property, without any action taken by the defendant to repair the storm sewer.


On Aug. 7, 2014, the lawsuit states flooding completely destroyed the Blanton property.


The plaintiff accuses the defendants of negligence, nuisance, trespass and inverse condemnation.


Blanton seeks a jury trial, damages of $228,000, court costs and attorney fees. He is represented by attorneys Brian E. McGovern and Genavieve M. Fikes of McCarthy, Leonard, Kaemmerer in Town & Country.


Madison County Circuit Court case number 15-L-969.

Family sues medical center, alleging wrongful death

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The executor of a St. Clair County woman's estate is suing a medical facility, alleging neglect led her death.

Wilbur J. Meyer Jr., executor of the estate of Dolores M. Ervin, filed a lawsuit July 16 in St. Clair County Circuit Court against Protestant Memorial Medical Center, doing business as Memorial Care Center, alleging negligence under the Nursing Home Care Act.

According to the complaint, Dolores M. Ervin suffered a hip fracture June 9, 2013, after which she was admitted to Belleville Memorial Hospital. After hip replacement surgery, she was admitted June 25, 2014, to Memorial Care Center, Belleville. Less than a month later, the suit says, she endured an injury to her right foot after an incident caused by medical staff while she was in a wheelchair. After several back-and-forth visits to and from the hospital and the care center, the suit alleges, Ervin died Sept. 16, 2013, at 87.

The plaintiff alleges are negligence and wrongful death.

Wilbur J. Meyer Jr. seeks at least $50,000 in damages, court costs, attorney fees and a jury trial. He is represented by attorneys Stephen C. Buser of the Law Office of Stephen C. Buser in Columbia, and Daniel J. Hayes of Belleville.

St. Clair County Circuit Court case number 15-L-401.

'So corrupt it would make Rod Blagojevich blush'

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“It’s political payoff, pure and simple,” Rep. Peter Breen, R-Lombard, said of Senate Bill 1229. “This bill is corrupt, so corrupt it would make Rod Blagojevich blush.”

Now that's corrupt!

Quite an image, too: Blagojevich blushing, as if he had the capacity for feeling shame.

Or Mike Madigan either, for that matter – or the other self-serving Democrats in our state legislature, who insist they're looking out for the middle class while doing everything they can to disadvantage it by destroying opportunity in the Land of Lincoln.

SB 1229 was a thinly veiled effort to obstruct a key objective in Gov. Bruce Rauner's Turnaround Agenda by making it impossible for him to address the more deleterious effects of compulsory unionism.

To get state finances under control, Rauner must revise the unreasonable pay and benefits packages enjoyed by unionized government workers. SB 1229 provided for mandatory arbitration if unionized government workers declared an impasse in contract negotiations with the state.

The American Federation of State, County, and Municipal Employees and its 35,000 Illinois members liked that provision and almost surely would have invoked it, given the opportunity. Republicans warned that an arbitration-approved raise of $1.6 billion for already well-compensated state employees would necessitate an increase in state taxes, the burden of which is already prompting an exodus of Illinois businesses and citizens.

SB 1229 passed the Senate and the House and was vetoed by the governor.

The Senate overrode his veto, but Rauner's veto survived the House, which last week fell three votes shy of the necessary number.

“It is encouraging that many legislators recognized the dire financial impact this legislation would have had on our state,” Rauner remarked after the House vote. “I hope today’s action marks the beginning of serious negotiations over how we can deliver needed structural reforms and a balanced budget.”

Needed reforms would be greatly facilitated by bipartisan support, but certain shameless persons would first have to learn how to blush.

Construction company suing three Madison County companies for breach of contract

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A St. Clair County construction company is suing three Madison County companies for breach of contract.

St. Clair Aluminum and Construction (St. Clair) filed a lawsuit against Retko Group, James Taylor and Terra Properties on Aug. 6 in the Madison County Circuit Court, citing breach of contract, Quantum Meruit, a Mechanic’s Lien and Equitable Determination of Priority.

On Dec. 13, 2012, St. Clair signed a contract with Taylor and Terra Properties stating that St. Clair would provide roofing services and other improvement services to real estate properties owned by Retko. According to the contract Taylor and Terra would reimburse St. Clair for certain labor and materials and failed to do so upon completion of the contract.

St. Clair is seeking payment of the principal sum of $52,636.51, pre and post-judgment interest at the maximum rate allowed by law, court costs, attorney’s fees and a lien against properties owned by the companies. St. Clair is represented by Belleville attorney Shane Moskop of Freeark, Harvey & Mendillo.

Madison County Circuit Court case 15-L-1002

Madison County GOP chair says judges missed opportunity for 'diversity of thought'

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Madison County Republican Central Committee chairman Chris Slusser is frustrated over the selection process used in the recent and pending appointments of five associate judges to the Third Judicial Circuit.

"It's nothing personal," Slusser said. "I'm sure this is a very exciting time for them."

Slusser called out the court's elected circuit judges for ignoring the applications of five Republicans who sought spots on the bench.

"They (judges) made it abundantly clear they don't want diversity of thought," he said.

The five vacancies occurred when associate judges Duane L. Bailey, Ben L. Beyers, II, Donald M. Flack, David Grounds and Elizabeth Levy were not re-appointed in the spring to terms that would have begun July 1.

To put in perspective how unusual it was for such a significant number of associate judges not to be retained at once, only three other associate judges statewide recently failed to get re-appointed..

Forty-six attorneys then filed applications for the Third Circuit vacancies. Sarah Smith and Jennifer Hightower were selected by circuit judges in a second round of balloting and have been sworn into office. Maureen Schuette, Luther Simmons and Flack, who had re-applied, were selected in subsequent balloting and they will soon be sworn-in. Hightower and Simmons are African American. All are Democrat.

In the Third Circuit, which includes Madison and Bond counties, there are nine elected circuit judges - eight Democrat and one Republican - and 13 appointed associate judges - 12 Democrat and one Republican.

"The circuit judges made it very clear that to get an appointment you obviously have to be a Democrat or be an associate from a major asbestos firm," he said. "No one else need apply."

Hightower was the only one of the five selected who had worked in asbestos litigation - at the Simmons firm in Alton.

Slusser said the problem with one-party rule, whether it be in government or the courts, is that "absolute power corrupts," even if Republicans are in absolute control.

He said that judicial elections held in 2014 provide valuable lessons.

In a race for the circuit court seat vacated by former judge Ann Callis, Madison County voters "overwhelmingly" signaled they wanted a change, he said. John Barberis, a Republican, was outspent 40-1 by opponent Clarence Harrison, a Democrat, and yet Barberis won by a margin of 54 to 46 percent.

"And Clarence Harrison may be the best judge as far as fairness," Slusser said.

"Voters want change in the court system," he said. "They are tired of the national reputation as a judicial Hellhole."

He said that diversity of thought on the bench is as important as racial diversity.

Slusser also brought up the difficult path that Supreme Court Justice Lloyd Karmeier traveled to get retained, saying that next year when Madison County Circuit Judges William Mudge and Andreas Matoesian face retention they "may have their hands full."

Karmeier, a Republican, fended off a last minute, $2 million negative campaign, getting retained by a narrow margin of less than one percent.

Slusser said there has been "a lot of talk" about the retention of Mudge and Matoesian, but that his organization has not yet taken a position.

"I would have liked to have seen them run for their seats," he said.


Prenzler and Dunstan at odds over investment advisor's report

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Madison County’s investment advisor incorrectly alleged that treasurer Kurt Prenzler doesn’t take bids on all trades, Prenzler said on Sept. 8.

Prenzler said that a report from advisor Jeff Schroeder to county board chair Alan Dunstan contained errors because Schroeder prepared it without talking to him.

Prenzler said Schroeder has admitted county administrator Joe Parente told him not to contact the treasurer.

Parente said on Aug. 8 that he didn’t tell Schroeder not to contact Prenzler.

Schroeder declined to say whether he stood by his statement on bids.

“My only comment is that the report was preliminary,” Schroeder said. “It was not final by any means. It is still being prepared.”

Prenzler said Schroeder’s findings and conclusions were untrue and misleading.

Deputy treasurer Doug Hulme said that one conclusion that states, “Historically, the county has not solicited competitive bids/offers on every trade from three or more sources” is “a joke.”

“Since Kurt has been here we have always taken three or four bids and we can document that,” Hulme said. “That is laziness on their part. They didn’t even ask.”

Schroeder works in Chicago as a managing partner of PFM, an asset management firm in Philadelphia.

Dunstan hired PFM last year, after county board members rejected proposals to impose their oversight on Prenzler’s investments.

The contract called for recommendations on such intricate topics as liquidity forecasting, portfolio optimization, opportunity costs of strategies, performance measurement, and compliance with state law.

Yet the contract provided a mere $28,500, enough to keep a managing partner of a national firm on the job for a couple of weeks.

The contract cost so little that it didn’t require county board approval.

It gave PFM 90 days to finish a report, but 10 months have passed.

Hulme said that in August, Prenzler received email from Parente inviting him to a meeting with Schroeder on Sept. 1.

Hulme said Prenzler called Schroeder, who said he would review a third draft. Hulme further said that Prenzler hadn’t known that the first two drafts existed.

At the meeting with Schroeder, Hulme said, “I felt like I was getting a sales pitch for investment management services.”

“I’ve sat through sales pitches before and this one was familiar,” Hulme said.

He said Dunstan and Schroeder favor a longer average term of maturity, more corporate debt, and higher interest at banks outside of Madison County.

“In our conversations, that’s what they are leading to,” Hulme said.

Parente said he did not attend the meeting but he understood it was productive.

Dunstan issued a statement that Prenzler attacked an independent analysis before it was completed and presented to the finance committee.
 
He wrote that Prenzler refused to cooperate with the committee.
 
Dunstan further wrote that Republican county board members Bill Meyer, Jamie Goggin and Tom McRae intervened to get the treasurer to meet the consultant.
 
He wrote that, "Instead of cooperating and learning from the report, he has chosen otherwise."

Troy Walton selected as an 'Emerging Lawyer'

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Attorney Troy Walton of Schoen Walton Telken & Foster in Edwardsville has been selected as an “Emerging Lawyer” by the Leading Lawyers in the State of Illinois.

Walton will be recognized in the October 2015 Top Settlements issue of Chicago Lawyer magazine. He will be the only plaintiff’s personal injury lawyer in Edwardsville or Madison County to receive this distinction.

The “Emerging Lawyers” designation is limited to the top 2 percent of lawyers 40 years old or under who have been recognized by their peers as a top lawyer in their field.

“It is an honor and a privilege to be recognized by my peers and to be listed alongside so many well-respected and accomplished attorneys,” Walton stated in a press release.

Walton earned his undergraduate degree from the University of Illinois and received his law degree in 2000 from the St. Louis University School of Law.

Walton focuses his practice on plaintiff’s personal injury litigation, including all types of serious injury and wrongful death cases.

Walton has successfully settled several multi-million dollar cases on behalf of Madison County residents alone, including a $7 million settlement on behalf of a Collinsville woman who was seriously injured, and whose husband was killed, due to a defective refrigerator.

He also settled a confidential multi-million dollar case on behalf of a Collinsville man who was seriously injured in a work-site accident.

Walton formed Schoen Walton Telken & Foster in 2009. Since then, he has continued to focus exclusively on plaintiff’s personal injury litigation.

Walton resides in Glen Carbon with his wife and two daughters.

He is currently the Vice President of the Madison County Bar Association and an Edwardsville Township Democratic Precinct Committeeman.

He has received the AV Preeminent Rating through Martindale Hubbell, and was previously inducted into the Million Dollar Advocate’s Forum.

Walton practices law in Illinois and Missouri and has tried cases to verdict in both states.

He also regularly lectures on a variety of personal injury litigation topics and civil trial techniques.

Schoen Walton Telken & Foster handles personal injury and wrongful death actions involving motor vehicle and trucking accidents, defective products, medical malpractice, premises liability and workers’ compensation. The firm also handles mass tort and class actions.

New associate judge Simmons excited for new opportunity to serve the community; Says he is ‘jack of all trades’

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Recently selected Madison County Associate Judge Luther W. Simmons, 67, said his new position will give him a unique opportunity to give back to the community.

“The legal profession has been very kind to me," he said on Tuesday. "I felt that it would be a different type of opportunity for me to give back to the community I’ve lived in and worked in."

Simmons was born and raised in Alton and has five children.

Simmons said he is a “firm believer in Madison County” and has been a resident of Alton his entire life.

He said his father was a 39-year retiree from Laclede Steel Company, now Alton Steele, and he pastored a local church. He said that growing up, he was encouraged by his dad’s passion for giving back to the members of his church and he wanted to do the same for his community.

“When I grew up in Alton, it was a very nurturing community,” he said. “It basically was a village and was fraught with village involvement.

“It made most of us want to reach back and help, want to reach out and help and want to be a benefit to the community and to society in general.

“Alton was a great place to grow up. I still think it’s undervalued and under-appreciated."

Simmons earned his undergraduate degree from the University of Pennsylvania in Philadelphia before he returned home to attend St. Louis University School of Law.

Following his graduation, he began practicing law in 1974 at a firm in Alton. He worked there for several years before he formed a partnership with retired Madison County Associate Judge Ralph Mendelsohn.

“It was the first biracial law practice in Madison County, we believe,” Simmons said.

He and Mendelsohn practiced together until he was appointed to the bench in 2000. Mendelsohn served until 2009. Following his retirement, he started his own mediation practice for the Madison County and St. Louis area.

He was recently called back with fellow retired judge Lola Maddox to serve a temporary term until the vacant associate judge positions got filled.

While working full time with his private practice, Simmons & Associates, Simmons also worked part time with the public defender’s office for about 15 years. He then worked part time as an assistant state’s attorney under Bill Haine for about one year before moving on to work part time as a special assistant attorney general for one year.

He returned to the public defender’s office in 2001 to work part time, where he has served since then.

Simmons’ private practice is a general practice, which he called a “jack of all trades.” He does criminal, civil and business law for plaintiffs. He said he primarily works with personal injury litigation but does some contract law, real estate law and criminal law (both felony and misdemeanor). He also has experience with business law for “small, disadvantaged and minority” businesses, he said.

“I’ve been blessed to have a lot of experience both representing a variety of types of clients, individuals and businesswise," he said. "I've really had a broad breadth of experience.

“My career has cut across criminal, civil, business, and I think that really is distinctive.

“I think there is a great value in having practiced general law with some emphasis in certain areas like business, criminal and civil throughout the years."

Last year, Simmons received the 100 Black Men President’s award and has also been a recipient of the NAACP Community Service Award for his volunteer work with students and mentoring in the community.

Simmons said his passion for law came from its ability to touch or impact everyone’s life in some way.

“The legal field cuts across all sectors of our lives and it’s a very non-segmented profession. So you have a lot of opportunities to help a lot of people in a lot of areas.

“You weren’t segmented in helping in any particular aspect of life, but it’s a very broad and all-inclusive way of assisting people in their lives," he said  "I really love that about law."

Simmons said he does not have a docket preference.

“I will defer to the chief judge’s wisdom and needs," he said "I will happily serve wherever he feels I may best serve."

Simmons will be sworn in on Oct. 2 at 2 p.m. at the Madison County Circuit Court.

Where's the pepper? Class action says McCormick has been skimping in same size packaging

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Spice maker McCormick & Co. reduced the amount of pepper in tin containers by a fourth without reducing the size of the tins, according to a class action complaint in federal court.

Sean Cronin of the Donovan Rose Nester firm in Belleville sued McCormick for Scott Bittle on Sept. 4, accusing it of “unlawful slack filling.”

Cronin identified Bittle as an Illinois citizen who bought pepper in St. Clair County grocery stores.

“When plaintiff purchased the reduced product in the summer of 2015, he thought it contained the same amount of pepper as had been in the full products because the tin was the same size it had been in the past,” Cronin wrote.

The complaint states that Bittle would not have purchased the product had he known that it contained 25 percent less pepper than products he purchased previously.

Cronin wrote that the change occurred early this year and consumers couldn’t see it because the tins are opaque.

“McCormick intentionally maintained the price of its standard sized tins, notwithstanding the significant reduction in the amount of ground black pepper contained in the traditional tin, which had the effect of further adding to the perception that nothing had changed,” Cronin wrote.

“Although the tins note in small print the actual weight of ground black pepper contained in the slack filled tins, consumers are not otherwise told of the decrease in ground black pepper from the traditional fill or that the tin contains a significant void.

“Consumers rely upon the traditional size of the tins as a basis of making a purchasing decision and believe the tins are effectively full, as they have been for decades.

“Under both federal and Illinois law, McCormick lacks any lawful justification for reducing the amount of pepper leaving empty space in the reduced products.”

Cronin asked for an injunction against slack filling and an order requiring McCormick to disgorge wrongful profits and make restitution.

He asked for an order compelling McCormick to produce corrective advertising. He also asked for punitive damages and attorney’s fees.

The suit may not stay long at district court, for McCormick has asked the U.S. Judicial Panel on Multi District Litigation to consolidate a group of similar suits.

The first suit came from competitor Watkins Inc., which alleged business injury at district court in Minnesota, home of its headquarters.

Consumers then filed class action complaints in three districts of California and the eastern district of New York.

McCormick moved for consolidation on Aug. 10, asking the multi district panel to centralize all five actions at district court in Maryland, home of its headquarters.

David Bamberger of Washington wrote that all five actions alleged similar conduct in a limited and identical time period.

“Given the similarity of issues, there is no need for at least five separate federal courts to engage in substantially similar pretrial proceedings,” he wrote.

“Centralization will also conserve McCormick’s resources and allow it to properly focus on its defense during the pretrial process in one forum.”

On Aug. 31, Watkins opposed consolidation but pleaded that if the panel judges grant it, they should centralize the actions in Minnesota.

The other plaintiffs opposed consolidation but pleaded that if the panel judges grant it, they should centralize the actions in California’s southern district.

Since then, Bamberger has notified the panel of Bittle’s suit and others in the southern district of New York and the eastern district of Missouri.

Madison County Special Service Area No. 1 seeks payment for allegedly unpaid sewer bill

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A Madison County governmental agency has sued a business over claims it hasn't paid its commercial sewer bill.

Madison County Special Service Area No. 1 filed suit on Aug. 13 in Third Judicial Circuit Court of Madison County against Lakeshore Estates LLC of Granite City and Mohammad Jalali, of St. Louis, Mo.

According to the complaint, Madison County Special Service Area No. 1 allegedly provided Lakeshore Estates with sewer services as of July 30 and was working through the defendant's licensed, registered agent, Mohammad Jalali. The complaint states that the defendants owe $122,477.86, which Madison County Special Service Area No. 1 has claimed has not been paid in any amount as of the time of filing.

The plaintiff seeks payment of said bill, plus court costs, attorney fees in the amount of $500, and any additional amounts incurred for sewer bills through the time of the judgment of the court.

The plaintiff is represented by Laura R. Andrews, of Granite City.

Third Judicial Circuit Court of Madison County case number 15-L-1030.

Progressive sold insurance it wouldn't honor, suit claims

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A married couple from Champaign County is suing an automobile insurance company for allegedly selling insurance it had no intention of paying claims on.

Suzanne Hallihan and Michael Hallihan filed a suit July 30 in St. Clair County Circuit Court against Progressive Direct Insurance Co. of Ohio, claiming the company sold policies to customers for minimum underinsured motorist coverage that is illusory, is rendered void by the language of the policy, and had no intention of using as a basis for paying a claim.

The suit, which the plaintiffs would like converted into a class action, has the following charges: violation of the Illinois Consumer Fraud and Deceptive Business Practices Act, fraudulent misrepresentation and/or omission and unjust enrichment.

According to the lawsuit, Suzanne Hallihan submitted a claim on July 25, 2014, in relation to a loss on Nov. 14, 2011. While the minimum payout at the time of the accident in 2011 was $20,000 per person, the suit states that Progressive denied the claim on July 29, 2014, citing that the bodily injury liability coverage exceeded the underinsured motorist coverage and that the vehicle did not meet the definition of an underinsured motor vehicle.

The plaintiffs seek certifying the case as a class action, awarding statutory and common-law damages, awarding punitive damages, attorneys' fees and court costs, not allowing the defendant to offer the coverage in its current form and a trial by jury.

Plaintiffs' attorneys are James J. Rosemergy of Carey, Danis & Lowe of St. Louis and Zane T. Cagle and Andrew G. Mundwiller, The Cagle Law Firm in St. Louis.

St. Clair County Circuit Court case number 15-L-434.

St. Clair County attorney sued over claims of professional negligence and legal malpractice

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An Illinois woman is suing a St. Clair County attorney following complications with her late husband's estate.

Brenda Knuckles, individually and as a beneficiary of the Donald E. Knuckles Sr. Declaration of Trust, filed a complaint Aug. 4 in St. Clair County Circuit Court against Valroy Binsbacher and Binsbacher & Griffithe LLC, alleging professional negligence and legal malpractice.

The complaint states that Binsbacher, Donald Knuckles' estate planning attorney, during a January 2012 meeting with Donald and Brenda Knuckles did not inform them of possible complications with Brenda Knuckles' beneficial interest in the Donald E. Knuckles Sr. Declaration of Trust. These complications arose out of the fact that the couple had previously divorced and then been remarried.

The complaint also states that Binsbacher represented Donald Knuckles Jr., whose interest in the assets of the trust were contrary to those of Brenda Knuckles, and that he failed to disclose this conflict of interest.

These breaches of professional duty were not revealed to Brenda Knuckles until after her husband's death on May 25, 2012, according to the complaint. Shortly afterward, the complaint states, Binsbacher told Brenda Knuckles he could not advise her anymore.

Knuckles seeks a judgment of more than $50,000, plus court costs and attorney fees. She is represented by William T. Dowd of Dowd & Dowd PC in St. Louis, Mo.

St. Clair County Circuit Court case number 15L440


Rauner to join ILR announcing state's dismal ranking in legal climate survey

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CHICAGO - Illinois Gov. Bruce Rauner will join the U.S. Chamber Institute for Legal Reform (ILR) this afternoon to announce results of the Harris Poll which shows the state's legal climate at an all-time low ranking.

The study places Illinois at number 48 out of 50; only Louisiana and West Virginia fared worse in a report titled "2015 Lawsuit Climate Survey: Ranking the States."

According to the study, 75 percent of senior company attorneys surveyed say that a state’s lawsuit environment is likely to impact important business decisions at their company, including where to locate or expand. That is an 18 percent increase from eight years ago, and an all-time high, the ILR states in a release.

Participants in the survey were comprised of a national sample of 1,203 in-house general counsel, senior litigators or attorneys, and other senior executives at companies with at least $100 million in annual revenues.

More than a third of the survey respondents identified Chicago / Cook County or Madison County as the city or county court with the “least fair and reasonable litigation environment for both defendants and plaintiffs” in the entire country.

Over the past few years, Madison County has become the nation's busiest asbestos court with suits being filed on behalf of persons from all over the country. In fact, more than 90 percent of all plaintiffs in Madison County asbestos cases reside outside of Illinois.

In its press release, the ILR pointed to a law signed by outgoing Democratic Gov. Pat Quinn that lifted a time limit on filing certain asbestos cases, which could attract even more cases to the state. The legislation significantly increased the number of parties that can be held liable for asbestos related exposure, including supervising architects, design engineers and public school boards.

Rauner, a Republican in his first year of office, has been locked in a budget battle with Democratic legislators who have resisted his agenda that includes venue reform. 

Findings in the Harris Poll also showed that Illinois ranked beneath every bordering state including: Indiana (18), Iowa (4), Kentucky (39), Missouri (42), and Wisconsin (20).

Harris Poll, a global polling firm, conducted the 2015 Lawsuit Climate Survey through telephone and online interviews between March 9 and June 24. The respondents were more than 1,200 general counsels and senior attorneys or leaders in companies with annual revenues of at least $100 million.

See the entire 50-state list and read a full copy of the 2015 Lawsuit Climate Survey online at: http://www.instituteforlegalreform.com/states.

(Editor's note: The Madison-St. Clair Record is owned by the U.S. Chamber Institute for Legal Reform).

Public pension annual reports available at DOI portal

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With much of the state's financial crisis being blamed on under-funded public pensions, wouldn't it be great if ordinary taxpayers could see exactly what condition the funds they support are in?

Alas! The Illinois Department of Insurance (DOI) has created an online public pension portal with annual statements of pension funds for the entire state of Illinois.

A review of police and firefighter pension funds for the most recently available annual reports in four Madison County municipalities - Collinsville, East Alton, Edwardsville and Granite City - shows that most funds have recently operated in the black, thanks mainly to municipal tax levies and investment income.

But it also shows that retirees or beneficiaries take out a lot more compensation than they put into pension funds.

A press release issued by the DOI on Tuesday says the online portal offers easy access to information regarding a participant's pension benefits. Currently, it lists only police and firefighter pension funds. However, more documents will gradually be made available in the coming months, the DOI says.

“We are pleased to provide the public with direct access to review public pension annual statements,”said acting DOI director Ann Melissa Dowling. “The Public Pension FOIA portal demonstrates our commitment to educate participants about their pension benefits and increase transparency with the Department.”

Granite City's firefighter pension fund and East Alton's police pension fund were examined because they operated with losses, according to the most recently available annual reports.

The Granite City fund operated at a net loss of $567,130 in fiscal year ending April 30, 2015.

It paid $3,009,718 in service pensions, non-duty disability pensions, duty disability pensions, occupational disease disability pensions and surviving spouse pensions to approximately 70 beneficiaries in values ranging from $254 (surviving children) to $77,716. The fund also incurred approximately $86,000 in other expenses.

It took in $980,995 from tax payers and contributions from the city besides the tax levy; $344,408 from 55 active members with salaries ranging from $54,037 to $103,301; and $1,203,043 in investment income, for a total of $2,528,445 in income.

The fund balance is $16,250,594, according to the annual report.

The other fund that ran a deficit was East Alton police pension which showed a $12,220 deficit in fiscal year ending April 30, 2014.

The fund paid $293,412 to 10 beneficiaries in amounts ranging from $14,329 to $55,371 and incurred approximately $9,000 in administrative expenses.

The fund took in $84,804 from tax payers; $67,101 from 11 active members with salaries ranging from $47,545 to $84,947.90; and $138,447 in investment income for a total of $290,352.

The actuarial fund value is $2,762,880, according to the annual report ending April 30, 2014.

Current East Alton police pension beneficiaries, which include retirees, surviving spouses and a dependent child, have in total contributed $280,489 in payroll deductions, yet have received in excess of $2,638,523 over the course of the benefit period, meaning that member contributions account for just 10.6 percent of benefits they received.

For example, retired police officer George Urban, who worked from 1969 to 1989 with an ending salary of $30,042, began receiving $15,021 in retirement benefits in 1994. His current benefit, adjusted for cost of living, is $26,129. He has received more than $315,441 in retirement benefits and will receive at least another $261,290 if he lives another 10 years. According to the report, he did not have any accumulated contributions to the fund.

The city's current police chief Darren Carlton, who earns approximately $90,000 in salary today also is drawing $35,514 in pension benefits for a career at the East Alton Police Department that began in October 1988 until retirement in November 2008, according to the annual report. He began drawing a pension Oct. 1, 2010. He has contributed $77,229, according to the annual report, and has received $177,573 in retirement benefits.

Haine to reintroduce death penalty legislation in wake of police and mass shootings

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State Sen. Bill Haine (D-Alton) said he intends to file legislation to restore the death penalty in limited cases involving "the most evil of crimes."

“As a former State’s Attorney, I understand the complexities of seeking the death penalty for individuals who have committed heinous crimes,” Haine stated in a press release.

“I have been shocked and appalled by the recent killings we have seen in churches and of police officers. The reality is there are some crimes in which the death penalty should be an option for a jury of our citizens to consider. Those who take the life of officers, or engage in mass killings, need to face the appropriate consequences.”

According to a press release, Haine plans to reintroduce legislation he had proposed in 2013 in the wake of a "series of atrocious murders across the country, including the murder of a police officer in Illinois."

The original legislation came out of death penalty reform proposals from the Illinois Capital Punishment Reform Study Committee, the release states.

Provisions of the legislation would give state's attorneys the ability to seek the death penalty in first-degree murder cases by requiring them to provide notice of intent to seek or decline the death penalty as soon as possible.

The legislation would outline specific crimes which would be eligible to receive the death penalty such as; serial killings, heinous murders of a child, seniors or a person with a disability, murders of witnesses, correctional officers and law enforcement officials.

The release states that Haine plans to file the legislation when the state senate reconvenes in the coming weeks.

Yandle remands ovarian cancer-talcum powder case to Madison County

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U.S. District Judge Staci Yandle has sent a claim that talcum powder caused ovarian cancer back to Madison County circuit court where it began.

On Aug. 31, Yandle granted a motion to remand a suit that Illinois resident Candace Lewis filed against manufacturer Johnson & Johnson and retailer Walgreens.

Yandle rejected an argument from Johnson & Johnson that Lewis asserted no viable claim against Walgreens but fraudulently named it as a defendant in order to defeat federal jurisdiction.

“Under Illinois law, all entities in the chain of distribution for an allegedly defective product are subject to state liability in tort,” Yandle wrote.

Lawyers from the Onder Shelton firm in Webster Groves, Mo., sued Johnson & Johnson and Walgreens on Lewis’s behalf in March, in Madison County.

They wrote that Johnson & Johnson “compelled women through advertisements to dust themselves with this product to mask odors.”

Lewis claims she dusted herself with talcum powder from 1981 to 2014, in Illinois, Arkansas, Georgia and Virginia.

Her lawyers wrote that in 2013, at age 49, she was diagnosed with ovarian cancer.

They wrote that in 1982, a study of talcum powder use in the female genital area found a 92 percent increase in risk of ovarian cancer. They further wrote that in 1993, toxicologists found talc to be a carcinogen; in 1994, a cancer prevention group asked Johnson & Johnson chief executive Ralph Larson to withdraw talc products from the market.

They wrote that Walgreens marketed, promoted and sold Johnson & Johnson products.

Johnson & Johnson removed the suit to federal court in May.

Its lawyers argued that Lewis sued Walgreen, an Illinois business, only to overcome the diversity of citizenship between Lewis and Johnson & Johnson.

They wrote that Illinois statute entitles a product distributor to dismissal from claims of strict liability when the plaintiff is able to pursue a claim against a manufacturer.

“Walgreens does nothing more than provide shelf space for the retail of consumer products,” they wrote.

Lewis’s lawyers replied that Walgreen knew or should have known the risk to women.

“Walgreens to this day, some 20 years later, continues not only failing to warn, but affirmatively marketing talc products to women for use in the perineal region, going so far as to advise as to the appropriate type of talc to purchase,” Lewis's lawyers wrote.

Yandle ruled that Illinois statute did not mandate dismissal because Lewis alleged not only strict liability but also negligence and civil conspiracy.

“Accordingly, Walgreens will remain in the lawsuit even if it has a valid defense to the strict liability claim,” she wrote.

Prior to removal, Madison County Circuit Judge Barbara Crowder presided over the case.

Survey says Madison, Cook counties, state of Illinois, rank among worst environments for lawsuits in country

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The courts of Cook and Madison counties, as well as the state of Illinois, have again ranked very poorly in the eyes of business leaders, a survey says, hampering the state’s economic growth, reducing the state’s tax haul, and making it more difficult to pay Illinois’ bills and provide needed public services, according to Ill. Gov. Bruce Rauner and representatives of the nation’s largest business association.

On Thursday, the U.S. Chamber of Commerce’s Institute for Legal Reform released a report, "Ranking the States: 2015 Lawsuit Climate Survey," detailing the results of an annual survey of more than 1,200 senior corporate attorneys and other business executives responsible for litigation at large companies with annual revenues of at least $100 million. Rauner joined officials with the ILR, U.S. and Illinois chambers of commerce to discuss the report at a press conference in Chicago.

Conducted by polling firm Harris Poll from March 9 – June 24, 2015, the survey queried corporate attorneys and executives of their opinions on the court systems operated by the nation’s 50 states and their more local jurisdictions. It did not ask about the federal courts operating within those states.

Overall, more than 60 percent of respondents said they perceived state courts across the country as “doing better than average” on certain key elements, including enforcing venue requirements, handling class action cases, installing competent judges and empaneling fair juries, among others.

However, the report revealed business leaders believe more reforms are needed in the courts – and particularly in certain jurisdictions, where business leaders say judges and juries have not treated businesses as fairly as they could have.

Cook County and Madison County fared particularly poorly in the survey. Twenty percent of those responding ranked Cook County or Chicago as the “worst local jurisdiction” in the country. An additional 16 percent pinned that designation on Madison County, meaning the two Illinois jurisdictions combined to receive more than one-third of respondents’ votes for worst legal environment in the country.

Nationally, Cook County ranked as the second worst local jurisdiction, behind only the East Texas court system. Madison County ranked fourth worst, essentially tied with Los Angeles, and just ahead of New Orleans, which rounded out the five worst jurisdictions named by survey respondents.

The poor showing for Cook and Madison counties helped contribute to an overall poor perception of Illinois’ state and county court systems. Overall, respondents ranked Illinois’ legal climate 48th out of the nation’s 50 states, with only Louisiana and West Virginia considered worse by the corporate attorneys and executives surveyed.

And they further ranked the state’s court systems no better than 47th in each key category about which Harris and the ILR specifically asked in the survey.

Corporate attorneys, for instance, ranked Illinois 50th in enforcing venue requirements and preventing so-called “venue shopping” among trial lawyers seeking friendly judges and juries before which to bring their cases. The state ranked 49th for “treatment of class actions and mass consolidation” cases. And Illinois ranked 48th in several other categories, including jury fairness and judicial competence.

States bordering Illinois fared better, led by the Iowa legal system, which ranked fourth nationally. Indiana was ranked 18th, Wisconsin 20th, Kentucky 39th and Missouri 42nd.

“Illinois is a litigation haven, that beckons to lawyers across the nation,” said ILR President Lisa Rickard.

Rauner, the Chamber representatives and others representing legal reform groups said perceptions of a state’s legal climate among large employers can matter a great deal for the state and its future.

The ILR report noted about three-quarters of company attorneys and executives said the legal climate would be either “somewhat likely” or “very likely” to determine whether they might locate or expand their business in a state, county or city.

Rauner said the state and particularly Cook and Madison counties need a better “balance of outcomes” between plaintiffs and employers.

He said as he attempts to recruit businesses to locate in Illinois, he often hears concerns raised by business leaders about Illinois’ legal climate. He said executives and business owners are concerned they will “open themselves up to attack” and “large judgments,” should they choose to locate in the state, and in Cook County, particularly.

Rauner said this has made Illinois less competitive in recruiting large businesses to the state, in turn contributing to the state’s budget woes, reducing revenue he said was needed to fund state and social services, pay down the state’s pension obligations and offset the need to raise taxes.

“We can’t fix our challenges unless we’re growing,” Rauner said.

To address the perceived issues in the state’s legal climate, Rauner said he has introduced reform legislation, including bills to reduce venue shopping – requiring litigants have some real tie to the jurisdiction in which the litigation is filed – and to address concerns over joint and several liability among defendants.

However, Rauner said those bills have yet to be taken up by the Democratic leadership in the Illinois General Assembly, who he said have expressed varying levels of “reluctance” to discuss the reforms he believes need to be tied to discussions of the state’s budget.

“The majority party is refusing to discuss reforms on any level,” Rauner said, adding they only wish to discuss certain “spending levels and raising taxes.”

He said Democrats know raising taxes will be unpopular, so he said Democratic leadership is waiting on him to take on the task. Rauner said he is not opposed to some tax increases, but said any tax increases need to be accompanied by reforms, such as the lawsuit reforms he has introduced.

The governor did not indicate why he believes the Democrats are reluctant to discuss his legal reforms. However, public campaign finance disclosure indicate trial lawyers regularly rank among the biggest campaign contributors to Illinois Democrats, donating hundreds of thousands of dollars each election cycle.

Illinois Chamber President Todd Maisch said the annual ILR report can help build “the political will” to institute reforms.

Policymakers and lawmakers “know Madison County is a national embarrassment,” but they lack the will to change the system, mainly because the problems are out of sight for most Illinoisans.

“The political will is the final hurdle,” Maisch said.

Illinois Lawsuit Abuse Watch Executive Director Travis Akin said that courts in the Metro-East for "far too long" have been "magnets" for personal injury lawyers and plaintiffs.

“It’s just common sense to require lawsuits filed in Illinois to have an actual connection to Illinois, and yet in Madison County, 98 percent of the asbestos lawsuits filed there are for plaintiffs who do not live in that county. That is an absurd misuse of our courts and our tax dollars, and it victimizes all of us.”

Following the press conference, the Illinois Trial Lawyers Association responded to the results of the ILR survey, calling the report “bogus.”

The group pointed to statistics they said indicate the number of lawsuits in Illinois have actually declined 26 percent since 2007, while more than 70 percent of lawsuits in Illinois are filed by businesses.

ITLA also attacked the assertion the legal climate has harmed Illinois’ economy, saying they believe businesses, and particularly big businesses, have shown no reticence to locate in the state.

Chicago trial lawyer Stephen D. Philips, former president of the Illinois Trial Lawyers Association, said Rauner and his supporters “want to close the courthouse doors to regular people.”

“There is no litigation crisis in Illinois,” Philips said.

(Editor's note: The Madison-St. Clair Record is owned by the U.S. Chamber Institute for Legal Reform). 

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