New analysis from the Taxpayers United of America (TUA) shows that more than 16,000 former state government employees each collect annual pensions of at least $100,000, costing taxpayers more than $2 billion this year alone.

Included in the top 1,000 on that list are at least nine local retirees, mostly former judges.

The highest paid local retiree is David Werner, who climbed the ranks at Southern Illinois University-Edwardsville from assistant professor in 1969 all the way to chancellor in 1997.

Werner retired at age 62 in 2004, and currently receives $260,338 annually. He contributed $246,018 into the State University Retirement System (SURS). So far, he has received $2,764,243 in retirement pay. If he lives to age 85, he will have received $5,748,729 in retirement pay.

A press release from the TUA says that its review of the increasing number of state government retirees and the growth of their pensions "provides a greater understanding of the financial burden facing Illinois taxpayers."

The group attributes the state's budget crisis as mainly due to "the exorbitant costs of the government pension system supported by Democrats and Republicans like Illinois House Speaker Michael Madigan and former Gov. Jim Edgar."

Not only are more than 16,000 retirees earning at least $100,000 annually, the TUA says that nearly 100,000 state government retirees are collecting annual pensions in excess of $50,000, which it says is an increase of 7,000 additional government retirees since its 2016 analysis.

"Taxpayers work longer and receive far less in retirement than government employees, who often retire in their early 50s with taxpayer-funded pensions worth multiple times the annual maximum Social Security retirement benefit for taxpayers, which is $32,000 if working until 66," the release states.

In addition to SURS, the TUA's report consists of analysis from the Illinois’ General Assembly Retirement System (GARS), Judges’ Retirement System (JRS), Teachers’ Retirement System (TRS), State Employees’ Retirement System (SERS), and the Illinois Municipal Retirement Fund (IMRF) retirement systems.

The TUA calls the difference between how much pensioners paid into their own retirement compared to their payouts "shocking."

"For many government retirees, within two years they will collect more money in retirement than they contributed to their own pension," the release states. "These gold-plated government pensions, subsidized by taxpayers, accumulate to multi-million dollar payouts over a natural lifetime."

Other local retirees appearing in the top 1,000 on the TUA's list include former O'Fallon Township High School Superintendent Russell Clover.  

Clover retired at age 62 and currently receives $191,029 annually. He contributed $213,602 into the TRS. So far, he has received $1,589,616 in retirement pay. If he lives to age 85, he will have received $4,573,063 in retirement pay.

Former SIUE professor James DeClue also retired at age 62 and receives $183,578 annually. He contributed $270,108 into SURS. So far, he has received $1,696,156 in retirement pay. If he lives to age 85, he will have received $4,301,494 in retirement pay.

Former St. Clair County circuit judge Stephen Kernan retired at the age of 55 and receives $182,229 annually. He contributed $190,868 into JRS. So far, he has received $2,114,067 in retirement pay. If he lives to age 85, he will have received $5,503,324 in retirement pay.

Former Madison County circuit judge P.J. O'Neill retired at the age of 56 and receives $182,229 annually. He contributed $180,137 into JRS. So far, he has received $2,104,028 in retirement pay. If he lives to age 85, he will have received $5,493,285 in retirement pay.

Former St. Clair County circuit judge William Schuwerk retired at the age of 62 and receives $181,508 annually. He contributed $195,125 into JRS. So far, he has received $1,102,191 in retirement pay. If he lives to age 85, he will have received $4,760,818 in retirement pay.

Former Madison County circuit judge Dan Stack retired at the age of 60 and receives $181,508 annually. He contributed $274,573 into JRS. So far, he has received $1,039,263 in retirement pay. If he lives to age 85, he will have received $5,289,160 in retirement pay.

Former dean of the SIUE School of Engineering Hasan Sevim retired at the age of 65 and receives $180,819 annually. He contributed $293,511 into SURS. So far, he has received $236,145 in retirement pay. If he lives to age 85, he will have received $4,777,761 in retirement pay.

Former St. Clair County circuit judge Milton Wharton retired at the age of 66 and receives $174,527 annually. He contributed $236,343 into JRS. So far, he has received $704,452 in retirement pay. If he lives to age 85, he will have received $3,686,470 in retirement pay.

The TUA states in its press release that using the data it collected through Freedom of Informtion Act requests to calculate lifetime payouts underscores the ever-increasing liabilities of defined benefit government pension plans.

"The system is an untenable burden on taxpayers and increasingly consumes billions of tax dollars in the state budget, worsening with every new hire and retiree adding to the cost," it states.

The TUA advocates for amending the state constitution's pension protection clause, arguing that taxpayers are not able to sustain the enormous costs of defined benefit systems.

If not, "taxpayers will otherwise continue to leave Illinois by the thousands for states with booming economies, while the tax burden increases for those remaining in Illinois," the TUA contends.

EAST ST. LOUIS – On behalf of St. Clair County taxpayers, class action lawyer David Cates may have insulted U.S. District Judge David Herndon and gained nothing from it. 

On May 4, Herndon struck a reply brief in which Cates told him he effectively extinguished a right that Magistrate Judge Stephen Williams granted. 

Herndon cited a rule permitting replies only in exceptional circumstances. 

“A review of the reply reveals that it violates local rule 7.1c, in that the reply does not set forth circumstances much less exceptional circumstances,” Herndon wrote. 

Herndon denied the motion behind the brief on May 5, declining to review his January order dismissing fraud claims against Texas guardrail maker Trinity Industries. 

He wrote that he had authority to do precisely what he did, deciding an appeal of an order from Williams and deciding a pending dispositive motion. 

“The undersigned, in ruling on the motion to dismiss, did not need to see how the pleading was to be amended to know plaintiffs’ cause of action was not legally viable to proceed,” Herndon wrote. 

Cates, as special assistant to state’s attorney Brendan Kelly, alleges that Trinity installed dangerous guardrails on roads throughout Illinois. 

Cates sued Trinity in 2014, alleging unjust enrichment and violations of Illinois laws against consumer fraud and deceptive practices. 

Macon County, home of Decatur, stands as second plaintiff. 

The current complaint seeks damages for all local governments in Illinois and an injunction for replacement of every guardrail in the state. 

Last September, Trinity moved for judgment against fraud claims under state law, arguing that consumer law doesn’t apply to government bodies. 

Trinity further argued that the law on deceptive practices requires notice before filing suit, and that the county provided no notice. 

Cates conceded both points but bounced back bravely, moving to amend the complaint in order to allege racketeering, conspiracy, and common law fraud. 

Trinity counsel Michelle Reed of Dallas answered that the counties sought to start the case over. 

Reed wrote that allegations in the new complaint were in three prior complaints. 

Williams denied amendment, finding it untimely and unduly prejudicial. 

“Plaintiffs have not shown how any new discovery helped uncover these additional claims as plaintiffs allege,” Williams wrote. 

He wrote that to the extent they sought to amend the deceptive practices claim, they could file a motion identifying portions they sought to amend. 

Cates appealed the decision to Herndon in November, arguing that written discovery was still occurring and not one deposition had occurred. 

He wrote that Williams placed the onus on the county to lay out new discovery and how it would support new allegations. 

“The plaintiffs have no burden to prove why their amendment should be granted,” wrote Cates, who cast “no” in bold face and underlined it. 

Cates wrote that parties aren’t required to expose every card in their hands. 

He wrote that discovery revealed facts and important nuances. 

“The fact that the allegations plaintiffs seek to include stem from the same transactions and occurrences as the original allegations does not bar plaintiffs from introducing such new claims,” he wrote.

“In fact, it demonstrates that there is no prejudice because defendants admittedly were aware of most of these facts.”

He wrote that discovery had been extensive. 

He wrote that St. Clair and Macon counties mapped the servers of their highway departments and hired consultants to search hard drives and electronic mail. 

“Plaintiffs cannot at this stage state that they even have all of the documents responsive to their initial requests for production, much less the entire universe of production,” Cates wrote. 

“Ostensibly, there could be additional documents outstanding that would implicate other causes of action which plaintiffs cannot know about. 

“Ostensibly, another class member could file a separate complaint which contained these allegations and then seek joinder or consolidation with this case. 

“The result would be the same as if this court simply allowed the amendment.” 

In January, Herndon found Williams’s order well written and neither clearly erroneous or contrary to law. 

“The record reveals that the discovery and the litigation is really at the tail end and that plaintiffs did have this material for a significant period of time,” Herndon wrote. 

He wrote that counts of unjust enrichment and injunctive relief remained. 

Cates bounced back again in March, moving for clarification. 

He wrote that Williams would have allowed amendment of the deceptive practices claim but that Herndon foreclosed that right. 

Trinity counsel Brian Robison, of Donovan Rose Nester in Belleville, answered that, “For starters, there is nothing to clarify.” 

Robison opposed the motion as a reconsideration motion in disguise. 

Cates denied that in a reply on April 25, writing that he sought to clarify what he perceived as inconsistency between the orders. 

“Despite defendant’s assertion to the contrary, motions to clarify are commonplace in federal court,” Cates wrote. 

He wrote that Herndon took up issues on appeal that the county didn’t raise. 

Herndon didn’t wait for Trinity to object to the unauthorized reply. 

He struck it on his own motion, and he disposed of the clarification motion. 

Herndon agreed with Trinity that it was a reconsideration motion in disguise. 

“The essence of the plaintiffs’ argument is that Magistrate Judge Williams, in ruling while the dispositive motions were pending, preempted this judge from granting relief to the defendant simply because the magistrate judge was contemplating the possibility of allowing the plaintiffs to amend their complaint,” Herndon wrote. 

“The plaintiffs cite no authority for that proposition because it is no more viable than their cause of action.”

Local judges will headline a "best practices" legal seminar set for May 19 at the Collinsville Doubletree Hotel.

The seminar is part of the "Illinois Best Practice Series," a joint undertaking between United States Arbitration and Mediation and the Washington University School of Law Negotiation and Dispute Resolution Program.

Third Judicial Circuit Judge Barbara Crowder and Twentieth Judicial Circuit Associate Judge Thomas Cannady will give a presentation entitled “Illinois Professionalism and Ethics – View from the Bench.” Clarissa Graff from the Land of Lincoln Legal Assistance Foundation will moderate the session.

First appointed as a judge in Madison County in 1999, Crowder was elected to the Third Circuit in 2006. She handles eminent domain cases for Madison County and presides over a Law Division docket.

In addition to her judicial duties, Crowder is chair of the Third Circuit Pro-Bono Committee and vice chair of the Illinois State Bar Association. She also is a frequent lecturer for the Illinois State Bar Association and at judicial education conferences. She is a member of the Illinois Bar Association and the Madison County Bar Association.

Cannady was appointed to serve as an associate judge for the Twentieth Judicial Circuit in St. Clair County in 2015. His time on the bench follows a 30-year career in private practice during which he served as a managing partner at the firm Cannady and AuBuchon. At the firm, he specialized in trial litigation, personal injury, divorce, and general practice.

While serving on the Twentieth Circuit, Cannady is also an adjunct professor in the paralegal program at Southwestern Illinois College. He is a member and CLE director for the St. Clair County Bar Association and the Illinois Judges Association.

In addition to the session led by the two judges, the seminar will include talks on the subjects of electronically stored records, medical records and litigation. Continuing education credits are available for Illinois and Missouri attorneys. Those interested have until May 15 to register. 

Even though he has a long record of ministering to the needs of Kenyans, State Sen. Kyle McCarter (R-Lebanon) believes he would not likely be considered for an ambassadorship to the East African nation if not for the eight years' learning experience he's had in Springfield.

McCarter, who serves as international director of the Christian-based ministry Each One Feed One, has been recommended for appointment as U.S. Ambassador to Kenya by Republican members of the Illinois congressional delegation.

Congressmen Mike Bost, John Shimkus, Rodney Davis, Darin LaHood, Randy Hultgren, Adam Kinzinger and Peter Roskam made their recommendation in a letter to President Donald Trump on May 11.

"I probably would not be prepared for this next position if not for what I have learned in the Illinois Senate," said McCarter, one of the most conservative members of the chamber.

"Just the challenge of being in the minority has been good training, and I think it has equipped me to handle even bigger challenges," he said. "I've learned a lot about dealing with people who come from completely different backgrounds and a completely different set of political values, and I have learned that I can still get things done."

McCarter said he has actively sought a position in the Trump administration.

"I wanted to serve our president in some way," he said. "How could I be of greatest value to the citizens of this country and others? That's how this is the right place."

He has 30 years experience in Kenya. After graduating from college, he and his wife Victoria operated Each One Feed One from 1986 to 1989 in Tharaka-Nithi County, northeast of Nairobi, and again from 2011 to present.

Among other things, the ministry operates a kindergarten through eighth grade school for 200 students, 40 of whom are housed at the schoool, and it also operates a medical clinic that was established by the McCarters in the late '80s.

"Through his work in Kenya, he has experience negotiating with tribal chiefs and other dignitaries, along with logistical and other administrative experience working with the Kenyan government," the congressmen wrote in the letter to Trump.

"Additionally, he has experience working with USAID and other organizations, including Compassion International within Kenya to provide health care for over 3,000 Kenyan children."

The letter goes on to state that McCarter has a "heightened insight" into the Kenyan government and other local realities and in the larger region of East Africa.

"He has outlined specific ideas for reforms of USAID spending, including curtailing waste, fraud and abuse within the program. He has also identified ways to support your Administration's 'Buy American' strategy in Kenya and boost the American economy through Kenyan investment and additional support for American companies in the African marketplace."

Outside his duties as state legislator and with Each One Feed One, McCarter also is a small business owner, operating the manufacturing firms Custom Product Innovations and Custom Coating Innovations in Lebanon.

As the congressmens' letter notes, McCarter is "the only businessman/entrepreneur from the manufacturing sector" in the state legislature.

McCarter said he travels to Kenya about twice a year, whereas Victoria, who serves as the mission's director of education, spends a total of three months of the year in Kenya in four to five trips.

"We have put a lot of our lives there," he said. "They were a forgotten group. No one thought much about them, cared for them. We have come to love them and serve them and the children... they consider us their family. It's easy to serve people when you really love them."

Over time, they have seen some of their children go on to college, graduate, get married and have children.

"We have always said we are raising up the next generaion of young men and women," he said. "They learn to honor God and serve others, and to be excellent citizens of Kenya. The emphasis is that they need to be responsible, giving citizens to their country."

EDWARDSVILLE — The Edwardsville legal community wants to remind the locals that they are working to provide legal support to lower-income individuals in need of aid. 

The Third Judicial Circuit Pro Bono Committee recently issued a statement to the Edwardsville community to remind its residents that the organization continues to make a number of free legal services available to lower-income members of the community. 

These services include a Legal Advice Clinic that offers community members the chance to work with volunteer attorneys who are willing to provide free legal appointments to discuss topics such as real estate issues and services for veterans. 

According to the statement, the organization also offers a program in which lawyers provide services for the family court division, including offering their assistance by volunteering to serve as mediators. These mediators work to help both parties settle their cases ad litem. This included a lineup of 11 local attorneys who are working as mediators specifically in the area of parenting disputes and seven attorneys who have served as guardians at litem for the family division court. 

And it's not just local attorneys who are offering their time and effort on these projects. The Third Judicial Circuit Pro Bono Committee has also provided help from several paralegals who have volunteered to take on the paperwork duties required when courts deal with domestic violence orders of protection. 

In just the first three months of 2017, the organization scheduled over 47 free legal consultations and has included support from attorneys Will Asa, Rob Bas, Jared Giuffre, Thomas Hildebrand, Christine Kovach, Elizabeth Levy, Amy Meyer, Scott Meyer, Zachary Pashea, Barbara Sherer, Scott Snider, Gale Stipes, Andrew Velloff and Audra Zobrist. 

“Many attorneys volunteer their time in these programs as a public service and are finding more ways they can be helpful,” Judge Barb Crowder, chair of the Pro Bono Committee, said in the announcement. “Their enthusiasm and commitment towards meeting the needs of people with low incomes make us proud to know them and to publicize their efforts.”  

The Pro Bono Committee said that the public should contact the self-help center in the Madison County Law Library to seek assistance through the program. 

Low-income individuals who cannot afford their own attorneys may make a 30-minute appointment on any civil matter including landlord-tenant disputes, collections cases, small claims disputes, guardianship, divorce and child support on the second or fourth Tuesday of each month. And low-income individuals who have real estate-related issues should contact Amy Meyer, recorder of deeds for the Committee, in the Madison County Law Library on the second and fourth Wednesday of each month. Services are also available for veterans. 

Interested individuals should contact Lauren Jansen at 618-296-4472 or email her with their needs at lljansen@co.madison.il.us. Veterans are asked to identify themselves specifically.

SPRINGFIELD — Chief Justice Lloyd Karmeier and the Illinois Supreme Court announced last month the approval of Supreme Court Rule 293. The new rule requires that all trial courts commence a jury trial if requested by a respondent in an involuntary admission proceeding.

The new rule is now in effect, and all proceeding requests must be met within 30 days under the Mental Health and Development Disabilities Code.

The rule was initially proposed by the Supreme Court Advisory Committee for Justice and Mental Health Planning. The committee found it necessary to add a rule to the books to clarify the time limitation trial courts had to put together a jury in a mental health involuntary commitment hearing.

The committee discussed an appropriate time frame and encouraged feedback from several circuit courts in the Madison County area. The surveys were written and distributed by the Administrative Office of the Illinois Courts and the Conference of Chief Judges.

“Jury trial requirements in involuntary admission proceedings under the Mental Health and Developmental Disabilities Code have been the source of considerable confusion and debate," Chief Justice Karmeier said in the announcement. “The Court is grateful for the effort and insight which the members of the Committee brought to this task and are pleased to implement its recommendations. The Court is confident that the new rule will provide much needed guidance to the courts and officials charged with enforcing the orders and, in so doing, ensure full and proper protection of the fundamental liberty interests of citizens facing involuntary admission or treatment for mental health issues.”

The new rule—which includes standardized and uniform orders—will help judges navigate the many mental health cases that they hear in a week. It will allow protocol to be clear, concise and complete.

"Our Committee spent considerable time in study and consultation with judges and others knowledgeable in this area of law throughout the state to develop this new rule and the uniform orders for mental health proceedings," Justice Kathryn Zenoff, Chair of the Special Supreme Court Advisory Committee, said. "We were especially aware of the importance of the fundamental liberty interests in these types of proceedings. We recognized the need to assure clarity and completeness by judges in making the necessary findings and in adherence to specific deadlines when jury trials were requested."

To read the entire Supreme Court Rule 293, visit www.illinoiscourts.gov/SupremeCourt/Rules/default.asp.

A Cahokia man will get one more chance to amend and file motions alleging his rights were violated by law enforcement in a lawsuit pending in federal court in East St. Louis.

Jerry Outlaw's original complaint was filed in April 2016 alleging that not only was he arrested for a crime he didn’t commit, but he was coerced into a false confession by officers, placed in detention and then forced to endure heinous living conditions for months while awaiting trial.

Court documents state he has an IQ of 55 and wasn’t intellectually competent enough to waive his Miranda rights upon arrest. It also found that his co-defendant passed a lie detector test and that there were two other suspects in the case. In effect, Outlaw was the wrong man.

Following his release, Outlaw filed suit against police officers who interrogated him, the jailors who held him, the City of Cahokia and St. Clair County. Outlaw’s original complaint alleges nine counts including: coercive interrogation, false arrest, conspiracy to deprive constitutional rights, malicious prosecution, intentional infliction of emotional distress, civil conspiracy, respondeat superior, indemnification and cruel and unusual punishment.

The defendants in the case, including Cahokia and St. Clair, filed a motion to dismiss the five counts concerning the conditions of the jail’s solitary confinement; conspiracy to deprive constitutional rights; the intentional infliction of emotional distress; the state law tort of civil conspiracy; and the respondeat superior compliant for state law violations of subordinates.

The court dismissed the complaint for the conditions of confinement. In effect, the court said that even though officers at the jail placed Outlaw in solitary confinement, there was no proof that they were aware of, or actively participated in, creating a living environment that amounted to the “deprivation of ‘the minimal civilized measure of life’s necessities.'” Futhermore, the court found that “there is no allegation that Outlaw or any other inmate complained to the defendant or filed a grievance about the cell conditions or that any defendant personally observed the conditions.”

Following that line of dismissal, the court also dismissed Count V, conspiracy. According to court records, Outlaw failed to show that the parties conspiratorially agreed to keep him in solitary confinement.

Additionally, Count VI, intentional infliction of emotional distress, and Count VII, state law civil conspiracy, were also dismissed. Count VIII, respondeat superior, which would hold the sheriff liable for the actions of jail employees, was dismissed, as the underlying counts of wrongdoing were dismissed.

There is still recourse for Outlaw, but the court has made it clear that the number of amended complaints it’s willing to accept is almost at an end. All of the counts were dismissed without prejudice, leaving Outlaw the option to file amended complaints with more evidence if he so chooses. However, the court also issued a warning to Outlaw.

“The Court warns Outlaw that if he makes insufficient allegations to support his claims in a Third Amended Complaint, the Court will consider dismissing those claim with prejudice,” wrote Justice J. Phil Gilbert for the District Court on April 26. “Outlaw has had sufficient time to conduct discovery to uncover facts, if they exist, supporting his claims. If, on his fourth try, he is unable to plead sufficient facts, the Court will assume he is unable to do so.”

EAST ST. LOUIS — A U.S. District Court judge ruled that a Family Medical Leave Act (FMLA) case against Prairie State Generating Company will move forward on several counts despite the defendant’s motion to dismiss the suit. 

The case filed by Timothy Owens and Shelley Owens against Prairie State Generating Company centers around Timothy Owens' termination while he was taking time off under FMLA. Prairie State is a coal mining company located in Washington County.

According to court documents, Owens worked at Prairie State as a facilities manager since 2012. In 2014, Owens took FMLA leave because of his brother’s death and serious illness of his own son. Owns was to be on FMLA leave until Nov. 1, 2014, but was terminated from his position on Oct. 31, 2014—a day prior to his scheduled return to work from FMLA leave.

Following the incident, the plaintiffs filed suit against Prairie State, and in their amended complaint, they allege that the company violated FMLA (Count I) and allege three additional counts against the company. These include “infliction of emotional distress in regard to Timothy Owens” (Count II), “infliction of emotional distress in regard to Shelley Owens” (Count III) and “retaliatory eviction” (Count IV).

Prairie State filed a motion to dismiss the counts of infliction of emotional distress to both parties as well as the retaliatory eviction count. According to Prairie State, these counts are preempted by Owens' initial complaint that it allegedly violated FMLA and that the only allowable recovery is through seeking “wages, salary and employment benefits or other compensation denied or lost to such employee by reason of the FMLA violation.”

The U.S. District Court for the Southern District of Illinois, where the case was filed, dismissed the count that alleged retaliatory eviction without prejudice or argument by the defendant, according to court documents. District Court Judge J. Phil Gilbert ruled in the matter and went on to further analyze the additional motions by Prairie State.

Judge Gilbert in part granted the other motions by Prairie State and denied them in part. He granted summary judgment to the defendant in the case in regard to the count of infliction of emotional distress to Timothy Owens and Shelley Owens by allowing portions of the counts to be stricken from the pleading, but he maintained that the counts “may proceed on the remaining allegations.”

For his ruling, Gilbert wrote that a portion of the emotional distress counts fall within the FMLA and other portions of the complaint do not. He cited several paragraphs within the pleadings that should be stricken from the complaint, including the first paragraphs of Count II and paragraphs 19, 20, 21 and 22 of Count III, which he maintained were preempted by the initial FMLA complaint in Count I.

Gilbert recalled the Naeem v. McKesson Drug Co. case for his ruling. Here, he referred to what type of claims can be preempted, citing that “IHRA does not preempt a state law claim seeking recovery for it.” Gilbert also referred to the Maksimovic v. Tsogalis case in regard to the court’s ability to rule on a tort claim.

BELLEVILLE — The surviving husband of a woman who died from lung cancer filed suit in the St. Clair County Circuit Court seeking damages from a wide range of companies that produced products that contained asbestos.

Russell Williams’ attorneys, Randy l. Gori and Barry Julian, of Gori, Julian & Associates based in Edwardsville, filed an 11-count suit on March 31.

Defendants named in the suit include BMW, Boeing, CBS, Dow Chemical, Flowserve, General Electric, Georgia Pacific, Goodyear, Honeywell, Ingersoll Rand, John Deere, 3M, Shell Oil, Trane, Union Pacific Railroad, Uniroyal and Metropolitan Life Insurance, among many others.

The suit claims that Lois Williams worked as a housekeeper at a hotel and at various restaurants as a waitress and cook during her working career.

The suit also claims that Lois was secondarily exposed to asbestos through her husband, who served in the Air Force from 1950 to 1956. Her husband worked as an experimental test mechanic at John Deere, a machinist at Douglas Aircraft and a machinist supervisor at Southern Pacific Railroad.

‘’Lois was exposed to and inhaled or ingested large amounts of asbestos fibers from different products she was working with. And these products were made by the defendants,’’ the suit said.

According to the suit, Lois became aware she had contracted lung cancer, an asbestos induced disease around or about Oct. 11, 2016.

On Oct. 31, Lois died.

The suit claims that defendants knew there was asbestos in their products and that the fibers would have a toxic and poisonous effect on persons who inhaled, ingested or absorbed them in great amounts. The plaintiffs claimed the defendants failed to provide adequate warnings and any instructions concerning the safe methods of working with the asbestos products. Williams also claimed in the suit that the defendants failed to conduct tests on the asbestos contained in the products.

An investment gone awry and whether or not defendants could compel arbitration for various disputes were at issue in a Fifth District Appellate Court ruling which ordered parts of the dispute back to the lower court. 

In Lakho v. Nisar, the court found that a St. Clair court erred by granting the defendants arbitration for several counts in the case.

The case follows the investments made by Mazhar Lakho in two separate companies: Pyramid Investment Management I LLC and Pyramid Investment Management II LLC. Both companies are operated by Abid Nisar, Arif Pyarali, Mahendra Gunapooti, Rashid Dalal and Shabbir Shaikh who are all listed as managing members.

According to the complaint filed by Lakho, Nisar approached him in 2010 and asked him to invest $100,000 in Pyramid I. “When the plaintiff voiced concerns about tying up his funds in a long-term land investment, Nisar represented that the plaintiff could quit at any time, and receive his initial investment, plus annual interest of 8% on the investment,” read the analysis by the court. Lakho invested twice with Nasir, once in February 2010 and again with Pyramid II in April 2010. He invested $100,000 the first time and $55,000 the second time.

Lakho was not able to withdraw the funds, however; when he sought to withdraw the money and receive the 8 percent interest on his investment, Nisar and the others refused the request. Lakho filed the complaint in court alleging fraud and false representations by the company.

At the trial court, the defendants filed motions to compel arbitration and noted arbitration clauses in their agreements which they asserted that Lakho knew about prior to his investment. The facts of the case were considered de novo by the court, which reviewed copies of the contracts and the allegations made by both the plaintiff and the defendants.

The conclusion drawn by the court was that the defendants failed to prove that the agreement signed for the $100,000 investment in Pyramid I included a binding arbitration clause, and that the initial trial court made a mistake in compelling arbitration for three counts concerning that investment. However, the court found that the defendants had sufficiently notified and proven that the investments made in Pyramid II were compelled to arbitration by the court in accordance with the original agreement between the two parties.

The case was remanded to the lower court concerning the arbitration issues for Pyramid I, while the lower court's order granting arbitration for Pyramid II was confirmed. Lakho will have to enter into arbitration for the investments made in Pyramid II unless another motion is filed and another decision made by the court.

BELLEVILLE — A man and his wife filed suit in St. Clair County Circuit Court seeking damages from a number of companies that produced products that contained asbestos.

Charles Calfee, who was diagnosed with lung cancer last year, and his wife Veronica were listed as plaintiffs in the suit, which was filed March 8 by Edwardsville attorneys Randy Gori and Barry Julian of Gori, Julian & Associates.

In filing the six-count complaint on March 8, the plaintiffs are looking for damages at least $50,000 per count.

Among the counts are negligence allegations against the manufacturers; willful and wanton misconduct against the manufacturers; negligence counts against manufacturers of respirator products; willful and wanton misconduct against manufacturers of respirator products; negligence; and loss of consortium.

Defendants named in the suit include Albany International, BMW, Borg Warner Morse, Cambridge Corporation, Dow Chemical, BW/IP, Flowserve, Grinnell, Hercules, Ingersoll Rand, John Crane, Pneumo Abex, Riley Power Inc., Zurn Industries and Metropolitan Life Insurance, among many others.

Calfee worked as a sheet metal worker from 1962 to 2000 at a variety of locations.

The complaint said Calfee was exposed to and inhaled, ingested or absorbed large amounts of asbestos fibers which were emanating from products he was working with which were manufactured, sold, distributed or installed by the defendants.

Research has shown that inhaling asbestos can cause asbestosis, mesothelioma and a number of other cancers. Calfee was diagnosed in July of last year with lung cancer, according to the complaint.

The complaint went on to say that "the plaintiff’s exposure to and inhalation, ingestion or absorption of asbestos fibers meaning from the above mentioned products was completely foreseeable and could or should have been anticipated by the defendants.

"Defendants knew or should have known that the asbestos fibers contained in their products had a toxic, poisonous and highly deleterious effect upon the health of persons inhaling, ingesting or otherwise absorbing them.’’

The Illinois General Assembly is scheduled to adjourn for the summer on May 31 – which means lawmakers have less than three weeks to pass a state budget. State Sen. Bill Brady, R-Bloomington, has proposed what he hopes may be the big “compromise” to end the impasse. 

But Illinoisans should realize what’s really going on. 

Brady is offering some new promises to cut spending, but only so he can mask his request for billions in taxes and fees. 

Brady calls the plan "five for five": $5 billion in tax increases for what Brady says is $5 billion in spending cuts.  

However, an Illinois Policy Institute review of the senator’s bills and other parts of the grand bargain communicated in Brady’s spending proposal found only $3.8 billion in savings, at best. Additionally, the revenue increases Brady supports far exceed $5 billion. 

Illinoisans don’t need, nor can they afford, that kind of compromise. Every one of Illinois politicians’ past compromises – from former Gov. Jim Edgar’s pension ramp to former Gov. Rod Blagojevich’s pension bonds to former Gov. Pat Quinn’s temporary tax hike – has something in common: They all avoided fixing Illinois’ structural spending problems by sending the bill to taxpayers instead.

It’s why Illinois has a perpetual financial crisis and its credit rating stands at the precipice of junk. 

Thirty years of “compromise” have brought the state to the brink of collapse. 

Illinoisans are fed up with “tax-hike, no-reform” budget proposals. A recent poll conducted by Fabrizio, Lee & Associates and commissioned by the Illinois Policy Institute found nearly 80 percent of Illinoisans agree that “Illinois state lawmakers should pass major structural reforms before passing any tax increase.” 

More tax hikes will only drive more residents to flee the state and punish those who can’t leave. And hikes will only perpetuate the state’s structural problems and deflate the pressure to enact real change. 

Illinoisans need a budget that enacts commonsense spending and economic reforms without harmful and counterproductive tax hikes. 

Fortunately for Illinoisans, state Sens. Kyle McCarter, R-Lebanon, and Dan McConchie, R-Hawthorn Woods, have introduced such a plan. The senators’ proposal does what other politicians say is impossible: It balances the budget without resorting to tax hikes. 

And state Sen. Dale Righter, R-Mattoon, has introduced a bill that would begin an end to the pension crisis. His plan moves all new state workers into a 401(k)-style plan. It’s based on the successful State Universities Retirement System’s own 401(k)-style plan, which has been around almost 20 years and has over 20,000 participants. 

The Illinois Policy Institute has provided a reform road map that balances the budget without tax hikes. The plan implements 401(k)-style retirement plans for government workers and provides tax relief to struggling homeowners through a comprehensive property tax reform package.

No one can deny Illinois is in desperate need of spending reform and a balanced budget. What Illinois doesn’t need is another political "compromise" that spends money the state doesn’t have and makes things worse.

Ted Dabrowski is a Vice President of Policy for the Illinois Policy Institute.

APRIL 21, 2017

JP MORGAN V. ANDREW ARTIMISI AND MICHELLE GROSS, $95,805.97, 4120 S. PARK DR.,

BELLEVILLE. 17CH340

APRIL 24, 2017

US BANK V. SALLIE BROWN AND DENITRA JACKSON, $64,446.50, 630 W MONROE ST.,

BELLEVILLE. 17CH341

BAYVIEW LOAN SERVICING V. VANESSA ADAMS, $61,200.00, 809 WATER ST., CAHOKIA.

17CH343

APRIL 25, 2017

DITECH FINANCIAL V. ROSILAND STAPLES-STREETER AND REGINALD RODGERS,

$69,941.51, 31 VIEUX CARRE DR., E. ST. LOUIS. 17CH344

APRIL 26, 2017

CITIZENS COMMUNITY BANK V. BRYAN AND TERRY ZIPFEL, $50,716.64, 3853

RENTCHLER STATION RD., BELLEVILLE. 17CH346

THE BANK OF NEW YORK MELLON V. STEVEN AND HALLE GOLDMAN, $53,314.42, 341

LINCOLNSHIRE BLVD., BELLEVILLE. 17CH347

BROKERS SOLUTIONS V. CHRISTOPHER AND NICOLE FRANKLIN, $197,067.51, 208

BAYBERRY DR., FAIRVIEW HEIGHTS. 17CH348

US BANK V. BARBARA SHARP, $43,331.34, 1374 N. PARK DR., E. ST. LOUIS. 17CH349

DEUTSCHE BANK V. MICHAEL REID, $47,979.96, 9909 BALTIMORE ST., BELLEVILLE.

17CH350

APRIL 25, 2017

PINGORA LOAN SERVICING V. DUSTIN AND MELINDA PENDALL, $125,432.33, 738

CENTRAL AVE., COLLINSVILLE. 17CH279

WELLS FARGO BANK V. ZACHARY SCONCE, $69,425.76, 221 KINGSHIGHWAY, E. ALTON.

17CH280

APRIL 26, 2017

THE BANK OF NEW YORK MELLON V. BRENDEN AND SHANNON WILLIAMS, $168,340.36,

2704 SANDSTONE DR., MARYVILLE. 17CH281

FIRST MID ILLINOIS BANK AND TRUST V. ERIC POPE, $46,434.71, 818 CONDIT AVE.,

ALTON. 17CH282

PLANET HOME LENDING V. PHILLIP AND TRICIA HOLLE, $89,835.65, 605 BROADWAY,

HIGHLAND. 17CH283

WELLS FARGO BANK V. JAMES AND KAREN MINER, $61,878.34, 2421 IOWA ST., GRANITE

CITY. 17CH284

APRIL 27, 2017

BANK OF AMERICA V. BRAD AND FAIZA GREENWOOD, $32,255.61, 2215 COLLEGE AVE.,

ALTON. 17CH285

DEUTSCHE BANK V. HEIRS OF WILLIS AND MARIE COLLINS, $30,881.71, 713 LEE ST.,

MADISON. 17CH286

BANK OF AMERICA V. KERI MATTINGLY, $61,366.82, 4422 DELTA QUEEN LN., GODFREY.

17CH287

1ST MID AMERICA CREDIT UNION V. DARLENE AND TERRY WHITLOCK, $70,920.25, 2216

LAWTON ST., ALTON. 17CH288

APRIL 28, 2017

BANK OF AMERICA V. JAY AND POLLY JOHNSON, $146,642.18, 336 GLEN CROSSING RD.,

GLEN CARBON. 17CH289

The surviving spouse of a man killed on a go-cart two years ago at Gateway Motorsports Park has filed a 36-count wrongful death lawsuit in Madison County Circuit Court.

According to the suit filed last week, Thomas Odum was participating in a racing event for clients of Hertz and their employees at the venue in Madison on May 21, 2015, when his go-cart was thrown off track. It went past barriers and through a chain link fence, and ultimately hit a concrete structure.

Flora Odum claims the track failed to have first responders available to provide rescue services to her husband, and as a result his family members watched him suffer for approximately 25 minutes following the wreck before "proper" emergency services arrived on scene.

She further claims that riders were not adequately trained as to safety procedures; the go-cart issued to her husband was not equipped with a seat belt, nor was it safe for operating at high speeds.

"Despite the wreck incident causing serious injuries to decedent, the Gateway Defendants continued the racing that day," the complaint states.

Flora Odum, who also brings suit on behalf of daughter Erin Kuehnel, names Gateway Kartplex, Abbot Ambulance, Hertz Corp., Gateway Acquisitions, American Medical Response of Illinois, Gateway Motorsports, Gateway International Motorsports Corp. and Gateway Motorsports Corp. as co-defendants.

They are represented by J. Brad Wilmoth of Page Law in Kirkwood, Mo.

According to Thomas Odum's obituary, he was 52 at the time of his death.

"He loved fast cars, dirt bikes, motorcycles, go-karts," it states in part.

"If it had a motor, he was going to play with it and eventually ride it. While most know him for being a gear head, his real passion was spending the precious moments with his grandchildren."

EDWARDSVILLE — A woman is suing two homeowners after she was allegedly struck by a door and fell to the ground while at their home.

Wando L. Robison filed a complaint on May 2 in the Madison County Circuit Court against Mitchell Manns and Kimmie L. Manns, alleging they failed to ensure that the premises were safe for use by any invitee.

According to the complaint, the plaintiff alleges that in April 10, 2016, she was in the utility room in the defendants' home when she was allegedly struck by a door going to the garage. She claims the door forced her against an adjoining wall before she fell to the floor. 

As a result, Robison claims she sustained serious and permanent physical injuries. 

The plaintiff alleges the defendants failed to ascertain whether anyone was on the other side of the door prior to bursting through the doors and failed to announce that the door was about to open so as to warn anyone on the other side of the door to move away.

The plaintiff requests a trial by jury and seeks judgment for a sum in excess of $50,000, plus costs of suit, and any other further relief to which the court deems proper. 

She is represented by John L. Bitzer of Bitzer Law Firm in Collinsville.

Madison County Circuit Court case number 17-L-580

EDWARDSVILLE — A woman seeks more than $10 million in compensation after another woman enticed her husband to use the couple's marital money for the defendant's benefit.

April B. Moore filed a complaint on May 8 in the Madison County Circuit Court against Sherry Kay Radae, alleging she violated the Illinois Alienation of Affection Act.

According to the complaint, Moore alleges Radae enticed Moore's husband and utilized him money and their marital money for her own benefits. 

As a result, Moore claims she suffered the loss of her husband, loss of marital money, pain and stress. 

The plaintiff requests a trial by jury and seeks damages of not less than $10,000,000, plus costs of this suit and all other relief as the court may deem just and proper. 

She is represented by Mark C. Goldenberg and Holly A. Hampton of Goldenberg Heller & Antognoli PC in Edwardsville.

Madison County Circuit Court case number 17-L-608

EDWARDSVILLE — A motorist is suing another driver for allegedly causing a collision.

Amanda M. Barr filed a complaint on April 28, in the Madison County Circuit Court against Louis Halfacre and Walgreen Oshkosh, Inc., alleging that defendant Halfacre failed his duty to operate the vehicle he was driving with ordinary care.

According to the complaint, the plaintiff alleges that on May 30, 2015, she was driving westbound on East Mount Pleasant Road. She proceeded into the intersection when the traffic signal turned green but allegedly collided with Walgreen Oshkosh's vehicle being driven by Halfacre. 

As a result, Barr claims she suffered physical injuries, decreased earning capacity and incurred medical expenses. 

The plaintiff alleges Halfacre failed to follow traffic signals, failed to keep a proper and careful lookout, and failed to yield right of way.

The plaintiff requests a trial by jury and seeks judgement in an amount in excess of $50,000, plus costs of suit, and any other further relief to which the court deems just. 

She is represented by Anthony S. Bruning, Anthony S. Bruning, Jr. and Ryan L. Bruning of The Bruning Law Firm, LLC in St. Louis.

Madison County Circuit Court case number 17-L-S78

EDWARDSVILLE — An industrial parts distributor is suing a manufacturer for allegedly failing to make payments.

Motion Industries Inc. filed a complaint on May 9 in the Madison County Circuit Court against Lenhardt Tool and Die Company, alleging the manufacturer failed to perform its contractual obligations.

According to the complaint, the plaintiff alleges that it provided goods and services to the defendant, but Lenhardt failed to make payments. Motion Industries claims $65,668.65 remains due and owing. 

The plaintiff alleges that despite repeated demands for payment, Lenhardt failed and refused to make payments for the said amount.

The plaintiff requests a trial by jury and seeks judgment against defendant in the amount of $65,668.65, plus interest and costs of this suit. 

It is represented by Kara LeChien of The Law Offices of LeChien & LeChien PC in Belleville.

Madison County Circuit Court case number 17-L-612

EDWARDSVILLE — A customer is suing Home Depot after she allegedly slipped and fell on a slippery floor.

Patricia Hasamear filed a complaint on May 5 in the Madison County Circuit Court against Home Depot USA Inc., alleging that the retail store operator failed to maintain its premises in a reasonably safe condition.

According to the complaint, the plaintiff alleges that on May 9, 2015, she was walking inside the defendant's store when she slipped and fell on a slippery floor. 

As a result, she claims she sustained severe injuries that resulted in great pain, mental anguish and incurred medical expenses. 

The plaintiff alleges Home Depot failed to inspect and remedy the slippery condition and failed to warn her of the existence of the dangerous condition.

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

She is represented by Blake G. Meinders of Blake G. Meinders Law Office in Belleville.

Madison County Circuit Court case number 17-L-605