EAST ST. LOUIS — A Madison County man is suing The Receivable Management Services Corporation and four unnamed individuals with the debt collection firm, citing alleged misrepresentation in debt collection.

David Hoffman filed a complaint on March 21 in the U.S. District Court for the Southern District of Illinois alleging that the defendants violated the Fair Debt Collection Practices Act.

According to the complaint, Hoffman alleges that, on Feb. 9, 2017, he filed a bankruptcy petition citing alleged debt to the defendants amounting to $33. Through bankruptcy, plaintiff requested that all communications related from the debt collection must be stopped, but he allegedly continues to receive calls, threats to take legal action and is being subjected to deceptive means of collecting payment. As a result, Hoffman claims he suffered emotional distress, fear and anxiety. 

The plaintiff holds the defendants responsible because they allegedly engaged in debt collection efforts while plaintiff was maintaining an active bankruptcy case and used oppressive, deceptive and unfair collection tactics to collect the alleged debt.

The plaintiff requests a trial by jury and seeks judgment for statutory damages of $1,000, actual damages, pre- and post-judgment interest, costs, reasonable attorneys' fees and such other relief as the court deems proper. He is represented by Nathan D. Sturycz in Edwardsville.

U.S. District Court for the Southern District of Illinois case number 3:17-cv-00299

EAST ST. LOUIS — A New Baden consumer is suing TransUnion LLC, Experian Information Solutions Inc. and Synovus, citing alleged misrepresentation in debt collection.

Mildred Louise Buskirk filed a complaint on March 22 in the U.S. District Court for the Southern District of Illinois alleging that the defendants violated the Fair Credit Reporting Act.

According to the complaint, the plaintiff alleges that, in November 2016, she obtained a copy of her credit report from Experian and TransUnion, alleging it contains erroneous information indicating former debts before bankruptcy, as reported to the companies by Synovus. She says that the credit report failed to indicate that the former obligation was discharged when she filed for bankruptcy on April 25, 2016. As a result, Buskirk claims she suffered emotional distress and humiliation. 

The plaintiff holds the defendants responsible because they allegedly made false reporting on plaintiff's credit reports, failed to follow reasonable procedures and failed to conduct reasonable reinvestigation with respect to the inaccurate credit information.

The plaintiff requests a trial by jury and seeks judgment for actual, statutory and punitive damages, attorney's fees, costs and such other relief as may be proper. She is represented by Travis W. Cohron of Barker Hancock and Cohron in Noblesville, Ind.

U.S. District Court for the Southern District of Illinois case number 3:17-cv-00304

EAST ST. LOUIS — A Belleville woman is suing Equifax Information Services LLC and TransUnion LLC, consumer reporting agencies, citing alleged unfair credit reporting.

Crystal Dawn Chrum filed a complaint on March 22 in the U.S. District Court for the Southern District of Illinois alleging that the defendants willfully and/or negligently violated the Fair Credit Reporting Act.

According to the complaint, the plaintiff alleges that, in November 2016, she obtained a copy of her credit report published by the defendants. The report contained erroneous information, she claims. As a result, she has suffered out-of-pocket expenses, emotional distress and the payment of increased costs of credit and insurance. The plaintiff holds Equifax and TransUnion responsible because they allegedly failed to conduct a reinvestigation in response to her dispute letter and failed to indicate that her former debt obligation was discharged in Chapter 7 bankruptcy on Aug. 3, 2015.

The plaintiff requests a trial by jury and seeks an order be issued for the defendants to modify, delete or block the inaccurate information, as well as award for actual, statutory and punitive damages, attorney’s fees and costs and such other relief the court deems proper. She is represented by Travis W. Cohron of Barker Hancock & Cohron in Noblesville, Ind.

U.S. District Court for the Southern District of Illinois case number 3:17-cv-00305

Given that his district educates a high percentage of low-income students and Cahokia property tax payers already are among the most burdened in the state, Superintendent Art Ryan says District 187 cannot be expected to meet more stringent testing requirements without more state funding.

In a recent interview, Ryan explained his rationale for joining in a lawsuit against Gov. Bruce Rauner and the state.

The three-count complaint filed last week alleges the defendants adopted more rigorous and expensive learning standards to be universally achieved by every school in the state but have failed to provide adequate funding for districts with a higher concentration of low-income students.

Ryan said that when the state increased more rigorous standards, it needed to adjust funding. 

“The whole point of the lawsuit is the state has implemented these new standards … But when they implemented the standards, they did nothing to increase the funding,” Ryan said.

Cahokia and 16 other school districts are represented by Despres, Schwartz & Geoghegan, Ltd., in Chicago and the Law Offices of Thomas E. Kennedy, III, L.C., in St. Louis in the suit filed in St. Clair County where several other actions involving the state's budget impasse are pending. 

Ryan used an example of building a home. He said that if a builder begins building with wood and changes the design to brick, the expense increases. 

“If you increase the expectations of what you want each school district to do to get the kids to a certain level of expertise … you can’t say, ‘Well you have to do all this but I’m not going to give you what you need to achieve that.’”

Ryan said the school districts want the state to determine the cost for each school using a scientific method and then fund them at that level. 

According to the lawsuit, Cahokia has the highest percentage of low-income students at 73.7 percent and the highest student enrollment at 3,490 students among the plaintiff districts. 

The district also sees one of the highest property taxes in the state at $13.08 per $100 of assessed value just for schools. A home's assessed value is determined as one-third of market value. 

Ryan said the high property tax assessment “still only nets us about $9.6 million.”

He added that Cahokia is a “high-poverty area with a lot of mobility and a lot of single parents, which makes educating the kids that much tougher.” 

Ryan said that in the last five years, the school district has had to eliminate roughly 82 certified positions because of proration, meaning it did not receive its full funding and suffered budget cuts. 

In the 2011-2012 school year, Cahokia had 178 regular teachers and 42 special education teachers. Now, the school has 120 regular teachers and 26 special education teachers, Ryan said. 

The school has had to cut teachers as well as various courses to “just get by.”

Ryan added that state aid funding amounts to roughly $2.5 million and categorical funding amounts to roughly $4 million. 

Categorical funding is used for specific expenditures such as music or sports. 

Ryan said that for the last four or five years, the state prorated state aid payments and only paid the categorical payments. But this year, the state paid the state aid and held back categorical payments, meaning the school district is $4 million short. 

So even though the state funded state aid 100 percent, the districts aren’t getting the additional money they rely on, he said. 

The lawsuit also alleges that in every plaintiff district, test scores have dropped dramatically due to financial aid erosion.

According to the complaint, Cahokia’s test scores are the lowest of the plaintiff districts.

Test scores dropped from 69.0 percent passing the ISAT test in 2011-12 to just 5.3 percent passing the PARCC test in 2015-16.

Ryan said the lawsuit was not filed as a result of the failure of two recent sales tax proposals in Madison and St. Clair counties. If passed, the sales tax proposals would have implemented a 1 percent tax on most items sold in the counties to benefit the school districts. Specifically, the St. Clair County sales tax was expected to garner $22 million per year in additional funds to be distributed between the schools. 

While both measures – the sales tax and the lawsuit – address school funding issues, Ryan said the two are unrelated. 

A St. Clair County hospital seeks to dismiss a patient’s lawsuit alleging her doctor failed to timely intervene when her son showed signs of distress during delivery.

Wilson filed a first amended complaint on March 27 through attorneys Timothy Tyler and Jesse Tyler of Tyler Law Offices PC in Chicago. Wilson’s amended complaint corrected the last name of minor Matthew Wilson.

The suit was filed against Protestant Memorial Medical Center Inc., Dr. Frank F. Mussemann and Protestant Memorial Medical Center Inc.

In her complaint, Wilson claims she saw Mussemann for prenatal care while pregnant with Matthew Wilson. Wilson delivered her son on Oct. 19, 2011, with Mussemann present as her doctor. However, she alleges Mussemann failed to intervene in a timely fashion when her labor wasn’t progressing. As a result, she claims her child suffered permanent injuries during delivery and will require lifetime care and treatment.

Wilson alleges the defendants failed to timely intervene, failed to properly monitor the child’s medical condition during delivery, failed to timely act and intervene when he was in distress, failed to properly treat the plaintiffs when it was apparent that the baby’s condition was deteriorating and negligently delayed proper medical treatment for the child.

Wilson seeks a judgment of more than $50,000.

Protestant Memorial Medical Center filed a motion to dismiss on March 21 through attorneys Jason Winslow and Jeffrey Glass of Hinshaw & Culbertson LLP in Belleville.

The defendant argues that the complaint was filed without the attorney affidavit, which is required by the Illinois Healing Arts Malpractice Act.

St. Clair County Circuit Court case number 16-L-624

MetroLink argues that a deceased man caused his own injuries when he was forced to exit the train for intoxication, then fell on the tracks and was struck by two trains.

Dana Howard, as administrator of the estate of Jeffrey Coker, filed her complaint on March 3 against The Bi-State Development Agency of the Missouri-Illinois Metropolitan District, doing business as Bi-State Development Agency, doing business as Metro, doing business as MetroLink.

In her complaint, Howard alleges that on March 4, 2016, between 5 p.m. and 5:30 p.m., Coker was a passenger on a MetroLink train while intoxicated. The defendant allegedly knew Coker was intoxicated and forced him to exit the train at the Swansea MetroLink Station, where he collapsed on the platform.

Two other passengers allegedly used Metro’s emergency phones to call agents or employees to inform them that Coker had collapsed and required assistance.

Shortly after, Coker allegedly fell onto the tracks immediately next to the platform and was struck by a MetroLink train. An operator notified dispatch that a passenger may have been struck by a train or may have been on or near the tracks.

However, Howard alleges the defendant did not shut down trains traveling to or from the Swansea station or notify train operators that a person was on or near the tracks.

Coker was then allegedly struck by a second train before he was located by emergency responders.

Howard claims the defendant subjected the decedent to an increased risk of hazard and provided no assistance or additional care as reasonably required under the circumstances to ensure his safety.

She alleges the defendant failed to provide adequate warning devices that would have alerted passengers that a train was approaching, failed to keep a proper and careful lookout for passengers near the platform, operated its train at a speed that was not reasonable under the circumstances when Metro was on notice that an intoxicated passenger had collapsed, failed to stop or slow to avoid striking Coker and failed to shut down trains traveling to or from the Swansea station, among other allegations.

Bi-State Development Agency answered the complaint on March 27 through attorney Terese Drew of Hinshaw & Culbertson LLP in St. Louis.

The defendant argues that the decedent was at fault by failing to keep a careful lookout and/or consuming an excessive amount of alcohol.

Howard is represented by Ryan Mahoney and Dave Cates of Cates Mahoney LLC in Swansea.

St. Clair County Circuit Court case number 17-L-94

St. Clair County Circuit Judge Vincent Lopinot granted dismissal for a Chicago maintenance company wrongfully named a defendant in a patient’s suit alleging he developed numerous infections during dialysis treatments.

On March 22, Lopinot dismissed Hughes Maintenance Corporation, doing business as City of Wade Franchise Inc., and gave plaintiff Tommy Harris 30 days to name the correct party.

Harris filed his complaint on Jan. 10 against Renal Life Link Inc., doing business as Metro East Dialysis, Davita Inc. and Hughes Maintenance Corporation.

In his complaint, Harris argues that he saw the defendants for medical care, including dialysis, and suffered numerous infections from February 2016 to August 2016.

He alleges the defendants failed to timely change diasafe filters, failed to have a designated CVC kit prep area, failed to use a designated medication prep area, failed to properly monitor cleaning services, failed to properly maintain the premises to minimize risk of infections to patients, failed to properly train employees on proper procedures, failed to follow proper procedures to minimize the risk of infections and failed to properly maintain dialysis machines and equipment.

He specifically alleged that Hughes Maintenance failed to properly clean and sanitize the dialysis center.

Hughes Maintenance Corporation filed its motion to dismiss on March 9 through attorneys Anthony Nasharr and Sohil Shah of Polsinelli PC in Chicago.

The defendant argues that Harris wrongfully named it as a party in the suit without basis in fact for the allegations.

“Simply put, Plaintiff cannot bring this action against Hughes Corp because Hughes Corp has never provided any maintenance or cleaning services for the Facility, and has never operated its business in or around Belleville, Illinois,” the motion states.

James Hughes, owner and principal executive officer of Hughes Corp, submitted an affidavit explaining that Hughes Corp is a franchise of City Wide Franchise Company Inc., a national franchiser of commercial building maintenance and cleaning services. But Hughes Corp operates its business within an exclusive restricted territory of South Metro Chicago.

Renal Life Link answered the complaint on March 7, denying liability.

Harris is represented by Samantha Unsell of Keefe, Keefe & Unsell PC in Belleville.

St. Clair County Circuit Court case number 17-L-7

An Illinois trio has filed a class action lawsuit in U.S. District Court against a Plains All American Pipeline for a 2015 oil spill that contaminated land near HIghalnd Ill.

Kevin Nodine, Cheryl Morr and David Medlock filed the lawsuit on Feb. 15 in U.S. District Court for the Southern District of Illinois through The Driscoll Firm in St. Louis. 

The lawsuit alleges violation of the Oil Pollution Act of 1990, trespass, negligence, negligence per se, public nuisance, continuing public nuisance and a permanent injunction.

According to the lawsuit, a pipeline fitting burst at one of the defendant's pump stations near Highland, causing oil to contaminate the surrounding area.

The suit alleges that the oil contamination caused real and lasting effect on Highland residents’ properties and environment. The impacted area includes 380 residential parcels and 120 agricultural parcels.

While the company made a public apology for the oil spill, they have not compensated the community affected by the oil contamination, the suit states. As a result, the class action seeks to provide relief for the plaintiffs.

The lawsuit also names John Doe 1 through 10 as defendants, they are corporations or partnerships, the names and addresses of which are currently unknown.

Highland has a population of 9,860 and is situated next to Silver Lake, a 574-acre body of water that provides the community with its drinking water. Highland also supplies water to the villages of Grantfork, Pierron, and St. Jacob from the lake.

The lawsuit notes that on July 10, 2015, a pipeline fitting ruptured or otherwise failed at All American Pipeline’s Pocahontas Pump Station, near the border of Bond and Madison Counties. 

The incident caused more than 4,000 gallons of crude oil to spill into the surrounding waterways in and near Highland, including the creek adjacent to Medlock’s property, over which he has exclusive possession.

The spill also made its way to the lake. It was detected by a resident who reported the spill to an emergency hotline, the suit alleges.

The lawsuit states that the pipeline’s leak detection system at the Pocahontas Pump Station was defective and failed to set off any alarms when more than 4,000 gallons of crude oil spilled into the containment dike, a backup storage container.

According to the suit, the company was aware that erosion had caused leakage between a drain pipe and a catchment berm of the containment dike. The company allegedly failed to make any immediate repairs.

According to court records, the Pocahontas Pump Station is located in a rural agricultural area about 2.5 miles from the town of Pocahontas and six miles from the Capwood Pipeline that runs from All American’s Patoka Station to Wood River, Ill.

Near the Pocahontas pump station is a 12-mile stretch of drainage ditches that allow rainwater to flow into Little Silver Creek and then into Silver Lake.

On the day of the oil spill, rainwater was flowing into the drainage ditches. As a result, the spilled oil flowed from the impaired containment dike at the station into the drainage ditches and toward the creek and, ultimately, Silver Lake.

When All American became aware that crude oil was leaking from the pump station, crews tried twice to close the main pipeline valve located upstream of Pocahontas, but were unsuccessful.

Crews then applied the main pipeline valve farther upstream at Kaskaskia in an effort to stop crude oil from flowing into Silver Lake.

According to the lawsuit, crude oil was seen about 8 miles away and downstream from the pump station and in the northern portion of Silver Lake.

Emergency personnel and government regulators responded to the scene to assist with containment and cleanup.

The spill closed Silver Lake for recreational use for nearly two weeks.

In the wake of the spill, the U.S. Department of Transportation Pipeline and Hazardous Material Safety Administration (PHMSA) shut down the Pocahontas pipeline, finding that without repairs, continued operation of facility would be hazardous to life, property and the environment.

On July 14, 2015, the PHMSA issued a Corrective Action Order requiring the defendants to take certain corrective actions to protect the public, property and the environment in connection with the oil spill.

An independent third-party investigation was conducted by Kiefner and Associates Inc., which found that the spill was the result of the separation of the tubing connection; the loss of containment; and the failures to close the main line valve.

The lawsuit also notes that the spill wasn’t the first for Plains All American.

On May 19, 2015, a corroded pipeline ruptured, spilling approximately 101,000 gallons of crude oil along the Gaviota coast in Santa Barbara, Calif.  Nearly 21,000 gallons made its way through a storm culvert out into the Pacific Ocean.

The lawsuit alleges that the spill has had a detrimental impact on the environment, wildlife and properties in the surrounding area. The release of thousands of gallons of crude oil into Silver Lake caused harm to plant and animal communities, soil and groundwater, surface water and sediments, land use, and property values.

The spill also has impacted the ecosystem, soil and groundwater. Surface water and sediments also are adversely impacted.

The appraisal industry found that residential properties in or near an area affected by an oil spill experienced a reduction in property values in excess of 10 percent.

The plaintiffs seek an order requiring Plains All American Pipeline to restore the properties and waterways effected by the spill. It also seeks damages, fees and court costs, punitive damages and individual relief.

U.S. District Court for the Southern District of Illinois case number 3:17-cv-163

SPRINGFIELD — The Illinois Supreme Court has instituted a program that it believes will boost sensitivity to diversity and mental health issues in the legal profession in the state. 

The Amended Supreme Court Rule 794(d) requires that all lawyers in the state complete an hour of diversity and inclusion continuing lawyer education (CLE) as well as another hour of mental health and substance abuse training as part of the Professional Responsibility CLE requirement. 

Attorneys will still be permitted to get their required time by taking the Illinois Supreme Court Commission on Professionalism’s Lawyer-to-Lawyer Mentoring Program. 

The change was made to better suit attorneys in keeping up with their continuing education requirements. 

“The Court’s experience has shown that lawyers have not been seeking out or cannot find continuing legal education programs that might offer meaningful help in addressing their own substance abuse and mental health issues or those of their colleagues," Illinois Supreme Court Chief Justice Lloyd A. Karmeier said. "We have also noted that as Illinois and the Illinois bar have become more diverse, there has been a marked lag in interest in educational programs addressed to facilitating diversity and inclusion generally and in the legal profession specifically.”

Karmeier added that it was the court’s hope that the amendment would help foster a legal profession that was more open to other perspectives and experiences in a multicultural society.

Studies have shown that courses on diversity and mental health are often overlooked by lawyers when they seek out continuing education credits, including data that has been gathered by the Commission on Professionalism. 

“We are delighted that the Supreme Court adopted the Commission’s recommendation,” Judge Debra B. Walker, Chair of the Commission on Professionalism, said. “The aim of professional responsibility CLE is to serve as a catalyst to increased professionalism, and we are hopeful that this change will result in the improved health and inclusion of lawyers across our state.”

Only seven out of 45 states that have mandatory CLE have allowed for courses in diversity and inclusion to qualify for credit. 

The Minimum Continuing Legal Education Board and the Lawyers’ Assistance Program also had input into the amendment.

The new requirements go into effect on July 1. 

The changes will not alter the total number of hours that will need to be fulfilled as part of the professional responsibility requirement, which remains at six. The total number of CLE credits that are required every two years is 30. 

For more information or to read the full amended decision go to: www.illinoiscourts.gov/SupremeCourt/Rules.

The Illinois General Assembly adjourned April 11 without passing a balanced budget or tackling essential reforms to save the state from financial ruin.

The budget impasse cost the state $31 million in 2016, according to the treasurer’s office, with each month totaling $2.6 million in lost investment revenue. Illinois has nearly $13 billion in unpaid bills. It isn’t covering the interest payments on its pension debt, which total $9.1 billion per year.

Yet state lawmakers passed just one bill out of both houses this year – Senate Bill 19, which would force the state to preserve union jobs even if they are no longer necessary. If enacted, the bill would cost the state $8 million in savings that could be realized from planned right-sizing and privatizing of nursing staff at the Illinois Department of Corrections, according to IDOC estimates shared with The Associated Press.

Aside from SB 19, the list of bills that passed out of committee includes a bill to create tighter regulations on trampolines and a bill to mandate instruction of cursive writing for public school students, which state Rep. Katie Stuart, D-Edwardsville, cosponsored.

Even though the state is still without a budget, local lawmakers continue to receive their paychecks on time. From Jan. 1 through April 3, state Reps. Stuart and Daniel Beiser, D-Alton, each were paid a base pay of $16,959, according to FOIA records. In 2015, the last year of full-pay records, Beiser’s gross income was $78,162.96. Full-year records are not available for Stuart, who was elected in November. Though Stuart said earlier in the year that she was “refusing to accept my legislative salary until a budget is in place and am rejecting a taxpayer-funded legislative pension,” FOIA records indicate that a $5,653 check was issued to Stuart each month in 2017, totaling more than $16,000 thus far.

Beiser is chairman of the Environment and Conservation Committee, a role that comes with a $10,326 annual stipend.

Comptroller Susana Mendoza issued paychecks despite a March 28 appeal filed by Attorney General Lisa Madigan after a Cook County judge ruled that lawmakers could be paid in spite of the state’s massive backlog of bills. For what is considered a part-time job, members of the General Assembly earn a baseline salary of about $68,000 a year, the fifth-highest annual lawmaker base salary in the country and the highest in the Midwest.

While politicians take two weeks off, the state’s problems remain dire, and it's residents in the Metro East who’ll pay the price.

Illinoisans are struggling under the highest overall tax burden in the nation, a higher-than-average unemployment rate and the nation’s highest property taxes.

With problems this big, Illinois politicians should not have adjourned for a two-week spring break. Until the state passes a balanced budget, taxpayers in the Metro East and across the state will continue to struggle.

BELLEVILLE — A motorist is suing Lindsay Devivo and Carolyn Devivo, a vehicle owner and driver, citing alleged insufficient measures were taken to prevent injuries.

Lisa Baker filed a complaint on March 16 in the St. Clair County Circuit Court against the defendants alleging that defendant Carolyn Devivo negligently entrusted her vehicle to a careless driver.

According to the complaint, the plaintiff alleges that on Jan. 31, 2017, she was traveling southbound on North Illinois Street in Swansea. While attempting to turn northbound onto North Illinois from a parking lot, defendant Lindsay Devivo pulled out in front of and struck the front of her vehicle. Baker sustained injuries resulting in pain and suffering, medical expenses and lost wages. The plaintiff holds the defendants responsible because defendant Lindsay Devivo allegedly failed to keep a proper lookout, failed to properly apply breaks and failed to yield right of way.

The plaintiff requests a trial by jury and seeks damages in excess of $50,000, plus costs of this suit. She is represented by Thomas C. Rich, Kristina D. Cooksey and Michelle M. Rich of Rich, Rich & Cooksey PC in Fairview Heights.

St. Clair County Circuit Court case number 17-L-129

BELLEVILLE — A U.S. Postal Service employee is suing the City of East St. Louis after he allegedly fell into a manhole. 

Kenneth T. Settles filed a complaint on March 21 in the St. Clair County Circuit Court alleging the city failed to provide a safe road surface with a secured manhole cover.

According to the complaint, the plaintiff alleges that on March 24, 2016, he was working as a mail carrier for the Postal Service. While walking on the city sidewalk, Settles stepped on a dilapidated manhole cover owned by the defendant and fell.

As a result, he claims he sustained serious injuries to his neck, left shoulder and back that caused physical pain, loss of time at work and medical expenses. 

The plaintiff alleges the City of East St. Louis breached its duty by failing to properly secure the manhole.

The plaintiff requests a trial by jury and seeks damages in excess of $50,000. 

He is represented by Greg Roosevelt of Roosevelt Law Office in Edwardsville.

St. Clair County Circuit Court case number 17-L-140

BELLEVILLE — A woman is suing a hospital after a malfunctioning elevator's doors allegedly closed on her and knocked her to the ground. 

Christine Braunseis filed a complaint on March 17 in St. Clair County Circuit Court against St. Elizabeth's Hospital of the Hospital Sisters of the Third Order of St. Francis, alleging the hospital failed to properly maintain an elevator that malfunctioned.

According to the complaint, the plaintiff alleges that on Feb. 20, 2017, she was in the course and scope of her employment with Lincoln Surgical Group when she was at the hospital. As she walked toward and into the elevator, she claims it malfunctioned and suddenly closed, striking and knocking her to the ground. 

The plaintiff says that the elevator's malfunction caused her to sustain serious injuries that required surgeries. 

The plaintiff alleges the hospital failed to take appropriate steps to repair the elevator upon receiving prior notice of its malfunction.

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

She is represented by Thomas Q. Keefe III of Keefe, Keefe & Unsell PC in Belleville.

St. Clair County Circuit Court case number 17-c-134

BELLEVILLE — A driver is suing Angeletta C. Edwards for allegedly rear-ending her vehicle at a Collinsville intersection two years ago.

Tawnya M. Herman of Fairview Heights filed a complaint on March 21 in the St. Clair County Circuit Court against Edwards alleging that she breached her duty to exercise reasonable care while driving.

According to the complaint, the plaintiff alleges that on March 24, 2015, she was lawfully driving her motor vehicle and was stopped at the intersection of South Morrison Street and Heatherwood Drive in Collinsville when defendant violently struck the rear of her vehicle. The plaintiff sustained serious and extensive injuries resulting in pain and suffering, loss of income and wages and medical-related expenses. The plaintiff holds Edwards responsible because she allegedly failed to reduce speed in time in order to avoid collision.

The plaintiff requests a trial by jury and seeks damages in an amount exceeding $50,000, plus costs of this suit. She is represented by Rhonda D. Fiss of The Law Office of Rhonda D. Fiss PC in Belleville.

St. Clair County Circuit Court case number 17-L-144

BELLEVILLE — A customer is suing Beast Craft BBQ Co. of Belleville, alleging insufficient measures were taken to prevent her from slipping and falling on a slick floor.

Caryn Drew filed a complaint on March 16 in the St. Clair County Circuit Court alleging the restaurant breached its duty of care in maintaining and operating its business and building.

According to the complaint, the plaintiff alleges that on Oct. 15 she was severely injured when she slipped on mop water on the floor at the restaurant. 

She claims her injuries caused her to suffer great pain and anguish, loss of income and medical expenses. 

The plaintiff alleges Beast Craft BBQ negligently allowed its premises to become and remain in an unsafe condition for customers.

The plaintiff requests a trial by jury and seeks damages in excess of $50,000 and costs of this suit. 

She is represented by Gregory Tobin of Pratt & Tobin PC in East Alton.

St. Clair County Circuit Court case number 17-L-125

EAST ST. LOUIS — A walk-in healthcare clinic is suing a local hospital's express clinic for alleged trademark infringement resulting in unfair competition.

Midwest Medical and Occupational Services SC filed a complaint on April 13 in the U.S. District Court for the Southern District of Illinois against SSM Healthcare, which owns and operates Good Samaritan Hospital, and SSM Health Express Clinic, alleging they violated the Illinois Trademark Registration and Protection Act and Lanham Act.

According to the complaint, the plaintiff alleges that on Sep. 8, 2014, it registered the name Express Care of Mt. Vernon as a trademark/service mark with the Illinois Secretary of State. 

The defendants later opened for business near its clinic and changed the facility's name to SSM Health Express Clinic, which caused confusion to walk-in patients, the suit claims. 

The plaintiff alleges the defendants failed to stop the ongoing use of plaintiff's service mark even after being notified and failed to changed their service name to avoid actual confusion to healthcare consumers and the public.

The plaintiff requests a trial by jury and seeks judgment for all damages, compensation, costs, attorney fees, pre- and post-judgment interest and such other relief as the court deems just. 

The plaintiff is represented by Curtis L. Blood in Collinsville.

U.S. District Court for the Southern District of Illinois case number 3:17-cv-00388

EAST ST. LOUIS — A Fayette County woman is suing a doctorfor allegedly sexually assaulting her during a physical exam. 

Mary Hake filed a complaint on April 13 in the U.S.District Court for the Southern District of Illinois against Shabbir Safdar, whopractices in Mt. Vernon.

According to the complaint, Hake was a long-time patientof the defendant and visited Safdar for a physical exam on April 27, 2015. Sheclaims that during the visit, the doctor in an inappropriate and aggressivemanner requested the plaintiff to expose her breasts. He then allegedlyproceeded to fondle the plaintiff’s breasts with his hands while forcing hismouth onto her nipples. 

Immediately following the inappropriate conduct, Safdarallegedly exposed his penis to Hake and thrust it in her direction in aprovocative and sexually harassing manner. 

Hake alleges Safdar has admitted to committing theseintentional acts of assault and battery. 

As a result, Hake claims she suffered emotional distress,loss of normal life and trauma. 

The plaintiff alleges Safdar failed to perform his dutyas a medical doctor and conduct himself properly during a physical examination,forced himself onto plaintiff in an aggressive manner.

The plaintiff requests a trial by jury and seeks judgmentfor a sum, together with punitive damages, in excess of $75,000, costs of suitand for such other relief as the court deems just and proper. 

She is represented by John R. Schneider of Johnson,Schneider and Ferrell LLC in Cape Girardeau, Mo.

U.S. District Court for the Southern District of Illinoiscase number 3:17-cv-00389

EAST ST. LOUIS — A Domino's Pizza delivery driver has filed a class action lawsuit alleging his employer did not compensate delivery drivers for vehicular wear and tear or gas.

Shiloh resident Jesse Tourville, for himself and all others similarly situated, filed a complaint on April 11 in the U.S. District Court for the Southern District of Illinois against MBR Management Corporation. 

He alleges the Domino's Pizza franchisee, which operates 80 Domino's franchises in Illinois and Missouri, violated the Fair Labor Standards Act, Illinois Minimum Wage Law and Illinois Wage Payment and Collection Act.

According to the complaint, the plaintiffs allege he and other delivery drivers were not compensated for vehicular wear and tear, gas and other driving-related expenses. Tourville, who worked at the Troy location, alleges he and others paid "out-of-pocket" expenses of $13.38 per hour to provide, operate and maintain their vehicles, losing approximately $1.43 each hour they worked on-the-road. 

The plaintiffs allege MBR Management failed to compensate at least the tipped minimum wage rate for each hour worked on-the-road and failed to properly reimburse delivery drivers' expenses including cost for gasoline, vehicle depreciation, insurance, maintenance and repairs.

The plaintiffs request a trial by jury and seek all available compensatory damages, liquidated damages, attorneys' fees, cost and any further relief the court deems just, necessary and proper. 

They are represented by Jeremiah Frei-Pearson, Todd S. Garber and Chantal Khalil of Finkelstein, Blankinship, Frei-Pearson and Garber LLP in White Plains, N.Y., and C. Ryan Morgan of Morgan and Morgan PA in Orlando, Fla.

U.S. District Court for the Southern District of Illinois case number 3:17-cv-00373

EAST ST. LOUIS — The U.S. District Court for the Southern District of Illinois recently granted an assisted living facility's motion for a summary judgment in a “reverse” discrimination termination case.

Fifth Season filed a motion for summary judgment after a former employee filed suit for wrongful termination.

Nicholle Williford, a white Certified Nursing Assistant (CNA) supervisor, filed suit against Fifth Season in January 2016 claiming she was wrongfully terminated due to racial discrimination.

Williford alleged that her termination was reverse discrimination because she was fired after an African-American coworker complained of harassment and Fifth Season did not want to risk a harassment complaint from an African-American employee against a white supervisor.

On March 27, Judge David R. Herndon ruled in favor of Fifth Season holding that Williford did not provide enough evidence to support her claims of reverse discrimination.

Williford claimed that if she had been African-American or if the coworker making the complaint had also been white, then she would not have been terminated.

However, Fifth Season said Williford did not meet the requirements of a prima facie case of reverse racial discrimination by “(1) failure to specify circumstances that infer a reason to invidiously discriminate against whites; and, (2) failure to proffer evidence that demonstrates being treated less favorably than other non-white CNA Supervisors,” according to the order.

The court agreed with Fifth Season, citing Formella, 817 F.3d and the four requirements to meet indirect evidence of discriminatory intent. The court granted the summary judgment, saying it found no direct or indirect evidence of discriminatory intent.

Herndon wrote that “[t]he proffered evidence and deposition testimony demonstrate Fifth Season’s strong response to Williford’s troublesome conduct, and their belief that—after being warned about harassing subordinates—she should be terminated.”

U.S. District Judge David Herndon transferred to New York City a suit from attorney John Driscoll of St. Louis, claiming global banks financed terror attacks.

In an April 12 order he found that among more than 100 plaintiffs, none was located in the Southern District of Illinois.

He found that six of seven defendants maintain principal U.S. offices in New York.

“Here, none of the alleged relevant conduct occurred in the Southern District of Illinois,” Herdnon wrote.

“The court finds that it is reasonable to look to where decisions were made and to where the decision makers may be found.”

Deutsche Bank, HSBC Bank and affiliates, Barclays Bank, Standard Charter Bank, Royal Bank of Scotland, Commerzbank and Credit Suisse sought the transfer.

Herndon found that Driscoll’s suit related to a case pending in the Eastern District of New York, Freeman v. HSBC Holdings.

“With the exception of Deutsche Bank, which is not a named defendant in Freeman, both this case and Freeman contain almost the same defendants and the same allegations,” he wrote.

Herndon wrote that the complaint contained references to New York’s long arm statute.

“Clearly, defendants are litigating a nearly identical suit in the Eastern District of New York and this heavily weighs in favor of transfer,” he wrote.

Driscoll had argued that the suit related to another in the Southern District, Shaffer v. Deutsche Bank, pending before Chief District Judge Michael Reagan.

Herndon found Driscoll’s suit and the Shaffer suit separate and distinct.

He wrote that no one moved to consolidate them, and that the Shaffer suit involves Southern Illinois plaintiffs.

In the Shaffer case, Deutsche Bank is the only named defendant.

Herndon wrote that it involves different attacks and victims from Freeman.

It also involves different lawyers.

New Jersey lawyers with experience in terror suits filed the Shaffer suit last May, in association with Douglas Dowd of St. Louis and Tab Turner of Little Rock, Ark.

Deutsche Bank moved to dismiss it in July, for lack of jurisdiction and for failure to state a claim.

The bank moved to stay discovery pending a decision on the motion to dismiss, and Magistrate Judge Stephen Williams granted a stay.

The motion to dismiss remained pending before Reagan as of April 13.