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Herndon sets pretrial orders on hair dye lawsuit involving hundreds of plaintiffs

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U.S. District Judge David Herndon entered a case coordination order in litigation against Just for Men hair coloring products that involving approximately 1,200 men in 11 cases in Illinois.

In June 2016, plaintifffs Davis, Lindsey, Martin, Brownlee, Brim, Lasley, McCray, Shamburger, Hairston, Washington and Sanders (et al), were named in a mass-action lawsuit against Just for Men manufacturers Combe Incorporated and its subsidiaries, alleging “risk of burns, scarring, allergic reactions, anaphylactic shock and skin depigmentation,” the Recordpreviously reported.

Earlier this month, Herndon ordered that these 11 individual cases against Combe be coordinated for discovery and pretrial matters only. They will be identified and filed in a master docket called "Just for Men Mass Tort Litigation." It will serve as the main file for all related motions and documentation and only specially appointed counsel (who cannot be substituted) may file in this case. Also, future related claims filed after this order including any associated actions will automatically be coordinated (without separate motion) into this master file. However, case-specific documents will be filed in each individual case. 

One case in St. Clair County involved 240 plaintiffs including men from across the U.S. and Canada, and there are six other lawsuits against the Just for Men manufacturers in Missouri courts, though no other class actions have been filed anywhere else in the U.S. or Canada. These cases were removed to the federal court because it met the definition of “mass action” under state requirements and the Class Action Fairness Act.

Just for Men argued that it has always advised clients to not only read instructions carefully before using their products and said in a statement that clients should “consult with our color experts” with questions regarding their products before doing so.

In a second case management order in July 2016, Herndon appointed Stephen Strauss of Bryan Cave LLP as lead counsel and liaison counsel for the defense. For the plaintiffs, Richard Schulte of Wright & Schulte was appointed as co-lead counsel. From Schlichter, Bogard & Denton LLP, Roger Denton was appointed as co-lead counsel and Kristine Kraft as the liaison counsel. John Driscoll of The Driscoll Firm P.C. was also appointed as the state-federal coordination counsel. The steering committee consists of Joseph Osborne of Osborne & Associates; Jon Conlin of Cory Watson Attorneys; Angela Mason of The Cochran Firm; Jay Urban of Urban & Taylor S.C.; and Tad Thomas of Thomas Law Offices.

Southern District of Illinois Master Docket Case No. 3:16-cv-00638-DRH


Illinois House has spent less than six hours in session this month

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Illinois state lawmakers are taking paychecks despite not passing a budget for nearly 700 days. One might assume they’d be working around the clock to earn them.

But Illinois House Speaker Mike Madigan has called the House into session for less than six hours in the entire month of May.

Meanwhile, the House has spent hours playing softball and basketball against the Senate. The House vs. Senate basketball game took place May 15. State lawmakers then took to the diamond for the House vs. Senate softball game May 17.

House members erupted in applause last week when Chicago Democratic state Rep. Barbara Flynn Currie announced May 10 that session on Friday, May 12, had been canceled.

The regular legislative session only runs from January through May, so members of the House and Senate will likely begin their summer breaks after May 31.

Illinois state lawmakers, taking home a base salary of nearly $68,000 a year, are paid far more than lawmakers in neighboring states. The average lawmaker salary including bonuses is $82,000.

When adding the cost of health insurance, dental insurance, mileage reimbursements, per diem payments and normal pension costs, taxpayers are on the hook for more than $100,000 per lawmaker in total annual operating costs.

And that’s not all.

Taxpayers pay once for politicians’ salaries and another 1.5 times for their bankrupt pension system. Taxpayers will contribute the equivalent of nearly $123,000 for each lawmaker in 2017 just to keep the General Assembly Retirement System afloat. State lawmakers have refused to reform their retirement plans.

While the full House has been in session for less than a single workday in May, members have been holding committee meetings throughout the month. But House appropriations committees – where lawmakers should be forging a new budget – have seen relatively little action in 2017.

The Appropriations General Services Committee has held two meetings in the last 20 days.

And with all the talk Illinoisans have heard from lawmakers about how the state funds public education, the Appropriations Elementary and Secondary Education Committee has met only twice in nearly 50 days.

Most Illinoisans would love to have the work schedule of their elected officials. Many would love to be working at all – the Land of Lincoln still has 146,000 fewer people working compared with before the Great Recession, an economic sickness that demands legislative action.

But state lawmakers have better things to do.

Thirty-four Metro East area school districts lose, 14 school districts win in state Senate funding revamp

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Metro East area schools would be net losers of state funding under a bill that passed the Illinois State Senate Wednesday.

Collectively, the area's 48 school districts would get approximately $14.4 million per year less from the state's school funding formula, a five percent decrease from their 2015 funding levels, according to an Illinois State Board of Education analysis obtained by the Metro East Sun.

One area state Senator - Sen. Andy Manar (D-Bunker Hill) - voted "yes." Sen. Paul Schimpf (R-Waterloo) and Sen. Kyle McCarter (R-Lebanon) voted “no” on Senate Bill 1. Sen. William R. Haine (D-Alton) and Sen. James Clayborne Jr. (D-Belleville) “did not vote.” Willam Sam McCann (R-Carlinville) voted “present.” The bill passed 35-18 with three Senators voting present. 

Venice Community Unit School District 3 (94% decrease), Roxana Community Unit School District 1 (84% decrease), Central School District 104 (83% decrease) and Pontiac-West Holliday School District 105 (80% decrease) would be the biggest losers if Senate Bill 1 is enacted into law.

East Alton-Wood River Community High School District 14 (15% increase), Granite City Community Unit School District 9 (11% increase), East Alton School District 13 (11% increase), and Dupo Community Unit School District 196 (10% increase) all stand to receive more state funding from the bill.

Senate Bill 1, sponsored by Manar includes a $385 million bailout of Chicago Public Schools, which face bankruptcy due to years of deficit spending.

The state funding cuts wouldn't take effect immediately. Manar's bill also includes a temporary "hold harmless" clause that would effectively delay them for two years.

The ISBE analysis was conducted last summer, after Manar unveiled his school funding proposal. It is the last known analysis of the bill.

Gov. Bruce Rauner has vowed to veto the legislation should it reach his desk.

Senate Bill 1 promises a fairer distribution of state funding to local school districts. In the Metro East area, it takes from some and gives to others.

RankDistrict NameCountyCurrent State FundingChange% ChangeNew State Funding
1EAST ALTON-WOOD RIVER C H S D 14MADISON$1,087,768$161,05815%$1,248,826
2GRANITE CITY C U SCHOOL DIST 9MADISON$21,601,841$2,319,18811%$23,921,029
3EAST ALTON SCHOOL DISTRICT 13MADISON$2,987,238$319,82111%$3,307,059
4DUPO COMM UNIT SCH DISTRICT 196ST CLAIR$4,534,414$434,07710%$4,968,491
5MARISSA C U SCH DIST 40ST CLAIR$2,424,598$219,2189%$2,643,816
6BELLEVILLE SCHOOL DIST 118ST CLAIR$15,919,222$1,113,7047%$17,032,926
7CAHOKIA COMM UNIT SCH DIST 187ST CLAIR$26,945,380$1,834,2807%$28,779,660
8BELLE VALLEY SCHOOL DIST 119ST CLAIR$3,853,875$208,2565%$4,062,130
9WOOD RIVER-HARTFORD ELEM S D 15MADISON$1,645,757$89,5715%$1,735,328
10HIGH MOUNT SCHOOL DIST 116ST CLAIR$1,584,734$77,2695%$1,662,003
11COLLINSVILLE C U SCH DIST 10MADISON$19,325,761$622,9903%$19,948,751
12MADISON COMM UNIT SCH DIST 12MADISON$4,402,616$79,5492%$4,482,165
13EAST ST LOUIS SCHOOL DIST 189ST CLAIR$45,519,043$729,9922%$46,249,035
14ALTON COMM UNIT SCHOOL DIST 11MADISON$17,186,328$91,5131%$17,277,841
15SIGNAL HILL SCH DIST 181ST CLAIR$1,279,931-$6,177-1%$1,273,754
16BETHALTO C U SCHOOL DIST 8MADISON$9,025,350-$116,360-1%$8,908,991
17BROOKLYN UNIT DISTRICT 188ST CLAIR$804,623-$19,926-3%$784,697
18BELLEVILLE TWP HS DIST 201ST CLAIR$11,621,393-$341,663-3%$11,279,730
19HARMONY EMGE SCHOOL DIST 175ST CLAIR$1,638,549-$49,020-3%$1,589,529
20GRANT COMM CONS SCH DIST 110ST CLAIR$1,578,072-$97,386-6%$1,480,685
21LEBANON COMM UNIT SCH DIST 9ST CLAIR$1,577,923-$116,421-7%$1,461,503
22ST LIBORY CONS SCH DIST 30ST CLAIR$250,117-$18,407-7%$231,710
23JERSEY C U SCH DIST 100JERSEY$6,640,604-$550,815-8%$6,089,790
24SAFE SCH-MADISON ROEMADISON$211,386-$18,517-9%$192,869
25ALT SCH-MONROE/RANDOLPH ROEMONROE$477,766-$41,851-9%$435,915
26SAFE SCH-MONROE/RANDOLPH ROEMONROE$95,105-$8,331-9%$86,774
27SAFE SCH-ST CLAIR ROEST CLAIR$255,712-$22,400-9%$233,312
28MASCOUTAH C U DISTRICT 19ST CLAIR$12,549,345-$1,246,944-10%$11,302,401
29NEW ATHENS C U SCHOOL DIST 60ST CLAIR$1,048,000-$133,888-13%$914,111
30HIGHLAND COMM UNIT SCH DIST 5MADISON$6,707,987-$916,541-14%$5,791,446
31SHILOH VILLAGE SCHOOL DIST 85ST CLAIR$1,558,620-$219,585-14%$1,339,035
32WHITESIDE SCHOOL DIST 115ST CLAIR$2,992,036-$438,089-15%$2,553,947
33TRIAD COMM UNIT SCHOOL DIST 2MADISON$8,279,053-$1,712,309-21%$6,566,745
34O FALLON TWP HIGH SCH DIST 203ST CLAIR$5,332,786-$1,179,262-22%$4,153,524
35VALMEYER COMM UNIT SCH DIST 3MONROE$1,007,907-$222,318-22%$785,589
36O FALLON C C SCHOOL DIST 90ST CLAIR$6,816,256-$1,958,891-29%$4,857,364
37SMITHTON C C SCHOOL DIST 130ST CLAIR$933,994-$298,431-32%$635,563
38WATERLOO COMM UNIT SCH DIST 5MONROE$4,181,614-$1,598,338-38%$2,583,276
39FREEBURG C C SCHOOL DIST 70ST CLAIR$1,132,894-$442,395-39%$690,499
40COLUMBIA COMM UNIT SCH DIST 4MONROE$3,038,636-$1,255,803-41%$1,782,833
41FREEBURG COMM H S DIST 77ST CLAIR$844,098-$368,384-44%$475,714
42MILLSTADT C C  SCH DIST 160ST CLAIR$1,018,124-$494,337-49%$523,787
43WOLF BRANCH SCH DIST 113ST CLAIR$1,124,995-$577,809-51%$547,186
44EDWARDSVILLE C U SCHOOL DIST 7MADISON$8,134,808-$5,015,260-62%$3,119,548
45PONTIAC-W HOLLIDAY SCH DIST 105ST CLAIR$591,290-$471,485-80%$119,804
46CENTRAL SCHOOL DIST 104ST CLAIR$624,560-$520,826-83%$103,734
47ROXANA COMM UNIT SCHOOL DIST 1MADISON$2,013,078-$1,686,489-84%$326,590
48VENICE COMM UNIT SCHOOL DIST 3MADISON$572,372-$536,281-94%$36,091

Source: Illinois State Board of Education

Editor's note: This article first appeared in the Metro East Sun.

Construction company granted motion for good-faith settlement in highway crash case

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BENTON — A lawsuit arising from a crash on westbound I-70 four years ago in Madison County has settled in federal court.

The case began with Thomas Roberts, a motorist who filed a complaint against freighting company Alexandria Transportation Inc., Alex Express LL and a freight driver, Alexandre Solomakha. Roberts was allegedly rear-ended and seriously injured by Solomakha's Freightliner while he was stopped at a construction zone on Sept. 16, 2013.

In turn, the defendants filed complaints against Edwards-Kamadulski LLC, Safety International LLC and Statewide Tire Distributors Inc. accusing them of being liable parties in the accident.  

Edwards-Kamadulski opted to settle with the plaintiffs for $50,000, which was opposed by Alexandria and Alex Express. The plaintiffs had sought $2 million due to injuries and damages overall, and the companies argued Edwards-Kamadulski was more culpable.  

A motion for good faith settlement was filed jointly between Edwards-Kamadulski and plaintiffs Thomas and Diane Roberts under the Illinois Joint Tortfeasor Contribution Act. However, the defendants, here known as the third-party plaintiffs, argued the amount was decided upon in bad faith and was unreasonable by the Act’s standards.

The court held that the amount of a settlement is not always an indication of bad faith according to the Contribution Act’s guidelines. As negotiations between Edwards-Kamadulski and the Robertses did not result in collusion, wrongful conduct or fraud, it was determined there were no clear violations of the Act.

Moreover, the court agreed with the plaintiffs' argument that Solomakha was the root cause of the accident as he was ticketed for driving at high speeds which led to the collision.   

Due to lack of evidence of a violation regarding the Contribution Act, the court granted the motion allowing the settlement to stand.  

Suit filed in case involving elderly woman allegedly sexually assaulted on bus

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BELLEVILLE — A 75-year-old woman has filed suit in St. Clair County Circuit Court alleging she was raped last April by a bus driver while riding from her home to the Golden Years Adult Support Center.

Defendants listed in the case are the Metro East Transit District of St. Clair County, St. Clair County, St. Clair County Transit Board of Trustees, Southwestern Illinois College, the Board of Trustees of Community College District 522, Golden Years Adult Support Center, Paul Rongey and William Wasson.

Rongey, 65, faces charges of aggravated criminal sexual assault of a person over the age of 60 in St. Clair County. 

He also was charged with one count of public contractor misconduct.

If convicted of the aggravated criminal sexual assault charges, Rongey faces up to 30 years in prison.

The suit says the plaintiff was a participant in an adult day care for individuals who required assistance with activities of daily living due to physical and mental ailments.

It alleges that on April 12, 2016, the plaintiff was on a bus being transported from her home in O’Fallon to the Golden Years facility in Belleville. Rongey allegedly turned onto a gravel lot located at 1650 Llewellyn Road in Swansea and stopped the bus, then allegedly threatened and raped the plaintiff.

The 11-count civil complaint was filed by St. Louis attorneys Christopher Allen and Amanda Murphy. The suit is asking for at least $50,000 per count in damages. Among the counts are sexual assault and battery, false imprisonment, intentional infliction of emotional distress and willful and wanton conduct.

The complaint claims "the plaintiff sustained physical, psychological and emotional injuries and will require treatment in the future. Plaintiff has incurred treatment expenses and will incur treatment expenses in the future. And the plaintiff’s ability to enjoy life has been and will be impaired, all to her detriment and damage.’’

Family reaches settlement with Cracker Barrel in suit alleging son lacerated fingers from fallen newspaper stand

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A family has settled its lawsuit alleging their three-year-old son lost two fingers when a newspaper stand fell on him outside a Cracker Barrel Old Country Store.

A settlement conference was held on March 21 before Magistrate Judge Stephen Williams and the settlement terms were sealed.

Plaintiffs Matthew and Casey Gibbs appeared through Steve Giacoletto of Giacoletto Law Firm in Collinsville.

Cypress Media appeared through Ken Hagdorn for Travelers Insurance and counsel Jeffery Suess and Robbye Toft of Rynearson Suess Schnurbusch & Champion LLC in St. Louis.

CBOCS West appeared through Kelley Bryant of Cracker Barrel and counsel Jessica Holliday of Brown & James PC in Belleville.

Third-party defendant Kaspar Wire Works Inc. appeared through in-house counsel Trent Nichols, Jeff Clossen of Liberty Insurance and counsel Joseph Callahan of the Law Office of Rouse and Cary in St. Louis.

On May 11, the plaintiffs filed a motion for an extension of time for dismissal with prejudice. They argue that they need more time to work through the details of a structured settlement and approval by the probate court.

Magistrate Judge Donald Wilkerson granted the motion for extension of time and ordered the case to be dismissed with prejudice on July 24 unless the parties fail to finalize the settlement by that date.

In their November 2015 complaint, the plaintiffs allege that on Nov. 16, 2013, they were finishing dinner with their son Carson and others when the boy opened a Belleville News Democrat newspaper box. They claim the box was not secured and fell on their son.

As a result, the child’s third and fourth fingers on his right hand were lacerated.

Defendants Cypress Media and CBOCS West both argued in their answers to the amended complaint that the plaintiffs allowed their son to hang from the newsstand and failed to supervise their child, among other allegations.

Kaspar Wire Works had previously argued that it did not manufacture the newspaper stand at issue and cannot be held liable.

The case was originally filed in the Madison County Circuit Court and was removed to federal court on Feb. 27, 2015.

U.S. District Court for the Southern District of Illinois case number 3:15-cv-213

Illinois Supreme Court deadlocks on whether title companies' attorney payments are kickbacks

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A divided Illinois Supreme Court has let stand a lower court’s decision to allow lawyers to earn fees – even fees that appear overly large, compared to the amount of work being done – from real estate title companies, despite accusations that the fee-splitting arrangements amount to little more than a kickback scheme.

On May 18, with Justice Robert R. Thomas recusing himself, the other six justices of the state high court deadlocked in the case, which had been brought by plaintiffs who alleged two title insurance companies were paying real estate attorneys to refer clients to purchase title insurance policies from them.

The lack of action by the state Supreme Court means a decision by a three-justice panel of the Illinois First District Appellate Court would stand. The appeals court had ruled 2-1 in favor of the defendants in the matter, in turn upholding a decision by Cook County Judge Mary Mikva, who had also determined the title insurance companies were not outside the bounds of the law.

The state Supreme Court’s announcement of its deadlock in the case did not indicate why Justice Thomas had recused himself from the case, nor did it indicate how the court’s other justices were prepared to rule in the case. The announcement stated only that four justices could not concur on a decision in the matter, as required by the Illinois constitution, resulting in the appeal being dismissed.

In an earlier landmark case before the high court, Thomas recused himself from deciding Madison County-based Price v. Philip Morris, as his personal lawyer was added to plaintiffs' counsel at oral arguments. 

In the current fee litigation, Thomas's lawyer - Joseph Power of Power Rogers & Smith in Chicago - as well as the lead firm in Price - Korein Tillery - were among plaintiffs' counsel. 

Chief Justice Lloyd Karmeier, whom attorney Stephen Tillery had argued all the way up to the U.S. Supreme Court should have recused in Price, delivered the judgment of the court in the case at hand. 

The litigation arose in Cook County Circuit Court in 2006, when plaintiffs Doljin Chultem and Paul Colella filed suit against title companies Chicago Title and Trust Company and Ticor Title Insurance Company.

The putative class action lawsuit alleged the title companies would pay real estate attorneys as much as 50-80 percent of the premiums paid on policies by home purchasers referred by the attorneys to the title insurers. The plaintiffs said these payments to the lawyers came from the title companies even though the attorneys allegedly performed few, if any, “core title services,” which, under federal law, they must perform to be entitled to split the premiums.

Essentially, plaintiffs alleged the work purportedly done by the real estate attorneys related to the title had already been completed by the title insurers, and was represented in the document packets sent to the attorneys, meaning the arrangement amounted to illegal kickbacks, allowing attorneys to be paid twice for the same work, as both “title agents” and legal representatives of the property purchasers.

Judge Mikva had rejected the case, saying legal precedent holds attorneys need only perform some title services to allow them to be legally paid by the title companies as a “title agent.”

On appeal, two justices of the First District court in Chicago, Justices Mary Anne Mason and Terrence J. Lavin, backed Mikva. A third justice, Aurelia Pucinski, dissented.

The majority said the federal law at issue, known as the Real Estate Settlement Procedures Act (RESPA), doesn’t spell out how much work attorneys must perform to receive payment, or control the amounts attorneys can collect in return for their work on a particular title.

“…RESPA is not concerned with whether the attorney agents were paid too much for their actual services, but asks only whether actual services were rendered,” the majority wrote. “Thus, the title companies' payments were not unlawful.”

In her dissent, however, Pucinski vehemently disagreed, calling the work allegedly doled out by the title companies to the real estate lawyers little more than pro forma commitments designed as “add-ons” to the work already performed by the title companies and add-ons to the fees the title companies were already charging.

“These were plain and simple kickbacks for referrals, and no matter how you dress them up, they are still kickbacks,” Pucinski wrote in her dissent. ”They are still wrong and the class can demonstrate violations of both the federal and Illinois laws.”

In addition to attorneys at Power Rogers & Smith and Korein Tillery, plaintiffs in the action were also represented by the firm Myron M. Cherry & Associates in Chicago.

Defendants were represented by attorneys from the firms of Fidelity National Law Group; Skadden, Arps, Slate, Meagher & Flom; and Jenner & Block LLP, all of Chicago; and Hahn Loeser & Parks LLP, of Cleveland.

Metro East schools to get total of $14.4M less per year under state Senate funding proposal; Rauner vows to veto bill

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Metro East area schools would be net losers of state funding under a bill that passed the Illinois State Senate Wednesday.

Collectively, the area's 48 school districts would get approximately $14.4 million per year less from the state's school funding formula, a five percent decrease from their 2015 funding levels, according to an Illinois State Board of Education analysis obtained by the Metro East Sun.

One area state Senator - Sen. Andy Manar (D-Bunker Hill) - voted "yes." Sen. Paul Schimpf (R-Waterloo) and Sen. Kyle McCarter (R-Lebanon) voted “no” on Senate Bill 1. Sen. William R. Haine (D-Alton) and Sen. James Clayborne Jr. (D-Belleville) “did not vote.” Willam Sam McCann (R-Carlinville) voted “present.” The bill passed 35-18 with three Senators voting present. 

Venice Community Unit School District 3 (94% decrease), Roxana Community Unit School District 1 (84% decrease), Central School District 104 (83% decrease) and Pontiac-West Holliday School District 105 (80% decrease) would be the biggest losers if Senate Bill 1 is enacted into law.

East Alton-Wood River Community High School District 14 (15% increase), Granite City Community Unit School District 9 (11% increase), East Alton School District 13 (11% increase), and Dupo Community Unit School District 196 (10% increase) all stand to receive more state funding from the bill.

Senate Bill 1, sponsored by Manar includes a $385 million bailout of Chicago Public Schools, which face bankruptcy due to years of deficit spending.

The state funding cuts wouldn't take effect immediately. Manar's bill also includes a temporary "hold harmless" clause that would effectively delay them for two years.

The ISBE analysis was conducted last summer, after Manar unveiled his school funding proposal. It is the last known analysis of the bill.

Gov. Bruce Rauner has vowed to veto the legislation should it reach his desk.

Senate Bill 1 promises a fairer distribution of state funding to local school districts. In the Metro East area, it takes from some and gives to others.

RankDistrict NameCountyCurrent State FundingChange% ChangeNew State Funding
1EAST ALTON-WOOD RIVER C H S D 14MADISON$1,087,768$161,05815%$1,248,826
2GRANITE CITY C U SCHOOL DIST 9MADISON$21,601,841$2,319,18811%$23,921,029
3EAST ALTON SCHOOL DISTRICT 13MADISON$2,987,238$319,82111%$3,307,059
4DUPO COMM UNIT SCH DISTRICT 196ST CLAIR$4,534,414$434,07710%$4,968,491
5MARISSA C U SCH DIST 40ST CLAIR$2,424,598$219,2189%$2,643,816
6BELLEVILLE SCHOOL DIST 118ST CLAIR$15,919,222$1,113,7047%$17,032,926
7CAHOKIA COMM UNIT SCH DIST 187ST CLAIR$26,945,380$1,834,2807%$28,779,660
8BELLE VALLEY SCHOOL DIST 119ST CLAIR$3,853,875$208,2565%$4,062,130
9WOOD RIVER-HARTFORD ELEM S D 15MADISON$1,645,757$89,5715%$1,735,328
10HIGH MOUNT SCHOOL DIST 116ST CLAIR$1,584,734$77,2695%$1,662,003
11COLLINSVILLE C U SCH DIST 10MADISON$19,325,761$622,9903%$19,948,751
12MADISON COMM UNIT SCH DIST 12MADISON$4,402,616$79,5492%$4,482,165
13EAST ST LOUIS SCHOOL DIST 189ST CLAIR$45,519,043$729,9922%$46,249,035
14ALTON COMM UNIT SCHOOL DIST 11MADISON$17,186,328$91,5131%$17,277,841
15SIGNAL HILL SCH DIST 181ST CLAIR$1,279,931-$6,177-1%$1,273,754
16BETHALTO C U SCHOOL DIST 8MADISON$9,025,350-$116,360-1%$8,908,991
17BROOKLYN UNIT DISTRICT 188ST CLAIR$804,623-$19,926-3%$784,697
18BELLEVILLE TWP HS DIST 201ST CLAIR$11,621,393-$341,663-3%$11,279,730
19HARMONY EMGE SCHOOL DIST 175ST CLAIR$1,638,549-$49,020-3%$1,589,529
20GRANT COMM CONS SCH DIST 110ST CLAIR$1,578,072-$97,386-6%$1,480,685
21LEBANON COMM UNIT SCH DIST 9ST CLAIR$1,577,923-$116,421-7%$1,461,503
22ST LIBORY CONS SCH DIST 30ST CLAIR$250,117-$18,407-7%$231,710
23JERSEY C U SCH DIST 100JERSEY$6,640,604-$550,815-8%$6,089,790
24SAFE SCH-MADISON ROEMADISON$211,386-$18,517-9%$192,869
25ALT SCH-MONROE/RANDOLPH ROEMONROE$477,766-$41,851-9%$435,915
26SAFE SCH-MONROE/RANDOLPH ROEMONROE$95,105-$8,331-9%$86,774
27SAFE SCH-ST CLAIR ROEST CLAIR$255,712-$22,400-9%$233,312
28MASCOUTAH C U DISTRICT 19ST CLAIR$12,549,345-$1,246,944-10%$11,302,401
29NEW ATHENS C U SCHOOL DIST 60ST CLAIR$1,048,000-$133,888-13%$914,111
30HIGHLAND COMM UNIT SCH DIST 5MADISON$6,707,987-$916,541-14%$5,791,446
31SHILOH VILLAGE SCHOOL DIST 85ST CLAIR$1,558,620-$219,585-14%$1,339,035
32WHITESIDE SCHOOL DIST 115ST CLAIR$2,992,036-$438,089-15%$2,553,947
33TRIAD COMM UNIT SCHOOL DIST 2MADISON$8,279,053-$1,712,309-21%$6,566,745
34O FALLON TWP HIGH SCH DIST 203ST CLAIR$5,332,786-$1,179,262-22%$4,153,524
35VALMEYER COMM UNIT SCH DIST 3MONROE$1,007,907-$222,318-22%$785,589
36O FALLON C C SCHOOL DIST 90ST CLAIR$6,816,256-$1,958,891-29%$4,857,364
37SMITHTON C C SCHOOL DIST 130ST CLAIR$933,994-$298,431-32%$635,563
38WATERLOO COMM UNIT SCH DIST 5MONROE$4,181,614-$1,598,338-38%$2,583,276
39FREEBURG C C SCHOOL DIST 70ST CLAIR$1,132,894-$442,395-39%$690,499
40COLUMBIA COMM UNIT SCH DIST 4MONROE$3,038,636-$1,255,803-41%$1,782,833
41FREEBURG COMM H S DIST 77ST CLAIR$844,098-$368,384-44%$475,714
42MILLSTADT C C  SCH DIST 160ST CLAIR$1,018,124-$494,337-49%$523,787
43WOLF BRANCH SCH DIST 113ST CLAIR$1,124,995-$577,809-51%$547,186
44EDWARDSVILLE C U SCHOOL DIST 7MADISON$8,134,808-$5,015,260-62%$3,119,548
45PONTIAC-W HOLLIDAY SCH DIST 105ST CLAIR$591,290-$471,485-80%$119,804
46CENTRAL SCHOOL DIST 104ST CLAIR$624,560-$520,826-83%$103,734
47ROXANA COMM UNIT SCHOOL DIST 1MADISON$2,013,078-$1,686,489-84%$326,590
48VENICE COMM UNIT SCHOOL DIST 3MADISON$572,372-$536,281-94%$36,091

Source: Illinois State Board of Education

Editor's note: This article first appeared in the Metro East Sun.


Suit alleges elderly woman sexually assaulted on bus

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BELLEVILLE — A 75-year-old woman has filed suit in St. Clair County Circuit Court alleging she was raped last April by a bus driver while riding from her home to the Golden Years Adult Support Center.

Defendants listed in the case are the Metro East Transit District of St. Clair County, St. Clair County, St. Clair County Transit Board of Trustees, Southwestern Illinois College, the Board of Trustees of Community College District 522, Golden Years Adult Support Center, Paul Rongey and William Wasson.

Rongey, 65, faces charges of aggravated criminal sexual assault of a person over the age of 60 in St. Clair County. 

He also was charged with one count of public contractor misconduct.

If convicted of the aggravated criminal sexual assault charges, Rongey faces up to 30 years in prison.

The suit says the plaintiff was a participant in an adult day care for individuals who required assistance with activities of daily living due to physical and mental ailments.

It alleges that on April 12, 2016, the plaintiff was on a bus being transported from her home in O’Fallon to the Golden Years facility in Belleville. Rongey allegedly turned onto a gravel lot located at 1650 Llewellyn Road in Swansea and stopped the bus, then allegedly threatened and raped the plaintiff.

The 11-count civil complaint was filed by St. Louis attorneys Christopher Allen and Amanda Murphy. The suit is asking for at least $50,000 per count in damages. Among the counts are sexual assault and battery, false imprisonment, intentional infliction of emotional distress and willful and wanton conduct.

The complaint claims "the plaintiff sustained physical, psychological and emotional injuries and will require treatment in the future. Plaintiff has incurred treatment expenses and will incur treatment expenses in the future. And the plaintiff’s ability to enjoy life has been and will be impaired, all to her detriment and damage.’’

Madison County real estate May 1-3

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MAY 1, 2017


ALHAMBRA


$5,380- FRUIT ROAD - LONNIE STONE TO TRERRY AND DORA FICKINGER

$100,000- 105 W. NORTH ST. - EMILY REED TO MICHAEL AND DEBRA MCMULLEN


ALTON


$7,924- 1903 BURLING DRIVE - DEUTSCHE BANK NATIONAL TRUST COMPANY TO BRANDON LOVETT

$496,044- 3200 FOSTERBURG DR. - BETTY UHRIG TO FOSTERBURG PROPERTIES SFP


COLLINSVILLE


$10,000- 30 SHORT ST. - ROBERT KISER TO KENNETH SMITH

$146,500- 1306 OLIVE ST. - JEREMY AND JENNIFER HEARN TO JASON HOLLOWAY AND TINA JOHNSON


EAST ALTON


$113,500- 415NAVADA AVE. - MATTHEW AND JAMIE STEWARD TO JAMES FERANDO

$114,900- 441 VALLEYVIEW DR. - JOSH ELAM TO HEATHER MCVEY


EDWARDSVILLE


$321,000- 405 VALLEY VIEW DR. - RICHARD AND JOAN LUENEMANN TO DANIEL BENNETT

$290,000- 7 MARTIN COURT - MICHAEL JORDAN TO JACKIE AND ALLEN BECKER

$150,000- 1202 LINDENWOOD AVE. - MEGAN AND RYAN WEDEKIND TO LEONARD HERNANDEZ

$71,000- 616 SHERMAN AVE. - COREY AERS TO BRUCE WILLIAMS AND MELISSA WILLIAMS


GLEN CARBON


$196,000- 21 HILLSBOROUGH AVE. - CHARLES AND MARY SCHAEFER TO CRAIG AND AMANDA KEMPER


GODFREY


$166,500- 441 MARTIN LUTHER KING DR. - DEBRAH ERNEST TO CODY AND SYDNEY ZIPPMANN

$191,000- 1308 RIDGEFEILD DR. - LARRY AND SHARON PETERSON TO MORGAN AND HOLLY LINDLEY

$114,500- 5207 CLIFTON TERRACE RD. - NANCY DIETEL TO BRUCE AND BONNIE COOK

$108,900- 5303 ENGLEWOOD - KURTIS AND DAWN EMHOUSEN TO TANNER BRYANT

$8,000- 609 SEILER RD. - MARK SPRINGMAN TO MADISON COUNTY

$1,400- 609 SEILER RD. - MARK SPRINGMAN TO MADISON COUNTY


GRANITE CITY


$13,924- 2724 WASHINGTON AVE. - THE BANK OF NEW YORK MELLON TO DEBRA AND TEDDY MARLER

$140,000- 2559 WESTMORELAND DR. - DAVID AND DEBBIE ANTOGNOLI TO SHANE AND STEPHANIE MEDLIN


HIGHLAND


$186,000- 115 SUNFISH DR. - HEIRS OF PAUL SCHMITT TO DAVID PLOCHER

$69,000- 1515 6TH ST. - THOMAS AND SANDRA HAMMER TO MICHAEL HUGHES

$99,900- 1501 PARADICE - COMMUNITY BAN OF TRENTON TO ERIC HEMPEN

$90,000- 1634 MAIN ST. - COMMUNITY BAN OF TRENTON TO ASHLEY SCHRAGE

$143,000- 301 E. POCAHONTAS - JOSHUA AND MAEGAN MINNEY TO WILLIAM AND DESIREA PENN


MARYVILLE


$244,000- 6754 MANCHESTER DR. - FRANKLIN AND DORIS HOLLER TO ALICE KING

$200,000- 7505 STONE BRIDGE DR. - LISA ADAMSON TO GERALD AND PAMELA NIEDZWIECKI


TROY


$109,000- 8402 STEELCREST LANE - ELLEN AND STEVEN TRACY, LINDA SMITH, DIANA VAN DUYNE, LISA WALKER TO RICKY AND BARBARA MULLER

$190,000- 53 WESTBROOKE - BRIAN AND AMANDA DOTZERT TO JULIUS AND SHERRI GRAY


WOOD RIVER


$248,637- 3419 MAPLE RIDGE DR. - FULFORD HOMES RHT LLC TO ANDREW HOEDEBECKE

$60,000- 609 WHITELAW AVE. - FREDRICK AND DALIA DEWERFF TO ZACH AND KAYLA GRANT

$20,000- 3411 MAPLE RIDGE DR. - FIRST MID-ILLINOIS BANK & TRUST TO FULFORD HOMES RHT

$20,000- 3430 MAPLE RIDGE DR. - FIRST MID-ILLINOIS BANK & TRUST TO FULFORD HOMES RHT


WORDEN


$370,000- 7884 BRICYARD HILL RD. - JERRY THURMAN AND ROBIN WINSLOW TO RYAN AND MEGAN WEDEKIND


MAY 2, 2017


ALTON


$30,000- 326 DEGENHARDT - WELLS FARGO BANK TO SUSAN TREFNY

$50,000- 231 BROWN ST. - KEITH AND MARLA BRYAN TO SEAN BECHTOLD

$97,500- 2717 BOSTWIC ST. - ARNOLD AND MARTHA TAUBE TO ANGELA JOHNSON

$50,000- 5216 WICKWAY DR. - SANDRA HORNBACK TO SCOTT KARFELD

$84,000- 1924 N. RODGERS AVE. - CORY WATERBURY TO NICKOLAS KINDER


BETHALTO


$138,000- 610 HOMM ST. - ANTHONY ERZEN TO SCOTT HARSHBARGER AND CHELSEA GEOREGOFF

$280,000- 7 WILLOW CT. - REBA RODGERS TO JERRY AND SHARON PROTT

$72,000- 459 PARK DR. - MARTHA GREEN TO SAMUEL WATSON

$181,000- 405 ARIZONA ST. - NICKOLAS AND TABITHA O'DELL TO MEGAN AND JACOB WATTERS


COLLINSVILLE


$134,900- 315 BILL LOU DR. - GSCHWIND REVOCABLE TRUST TO BRYAN KLEINFELDT

$30,000- 3318 VFW LN. - KENNETH WACHTER AND CATHY FOURNIE TO KATHY AND PEDRO OSORIO

$84,500- 605 N. COMBS AVE. - JULIE MAYFEILD TO ANNE AND ERIK KENNA

$97,000- 1396 ALICE ST. - MITCHELL AND GERI SANDERSON TO AUSTIN BRUNCIC AND AMANDA SCHAEFER

$4,500- 3211 HARVARD PL. - EDWARD LASICH TO CAHOKIA MOUNDS MUSEUM SOCIETY

$4,500- 3309 AMBERST AVE. - EDWARD LASICH TO CAHOKIA MOUNDS MUSEUM SOCIETY


DORSEY


$155,000- 5832 RENKEN RD. - TERRY AND LINDA COOPER TO TAMI AND CHRIS HAYDEN


EAST ALTON


$91,500- 100 HODGE ST. - RANDALL BURGESS ESTATE TO PAULA JOHNSON

$127,000- 244 HI POINTE PL. - WILLAIM AND ASHLY MAYNARD TO HANNAH BRIDGES AND BRAD PERRY

$149,000- 310 WASHINGTON AVE - MELISSA LENHARDT-CROCKETT TO JAMES FANSHER


EDWARDSVILLE


$365,000- 130 COTTAGE DR. - LAWRENCE AND VIELKA AHRENS TO LARRY AND MARY BROWN

$5,300- CATALINA DR. - LARRY AND SUSAN MOORE TO JEFFERY SEDLACEK

$225,500- 882 MALIBU WAY - KATHRYN WHITWORTH TO JAMES WHETSTONE

$171,000- 307 S. KANSAS ST. - JAMES AND LINDA HELLRUNG TO DEBORAH GEARY

$80,000- 1319 RANDLE ST. - CINDY AHRENS TO JASON TETZLAFF


GLEN CARBON


$205,000- 30 KETTLE RIVER DR. - ROBERT WELDON TO VARIETY STORAGE


GODFREY


$49,000- 504 TREMONT DR. - U.S BANK TO DONNA RUHOLL

$80,000- 1304 NORMANDY PL. - SUE SUMPTER TO STEVEN AIMONE

$169,000- 981 KOENIG DR. - STEVEN AIMONE TO LARRY AND SHARON PETERSON

$51,000- 5310 GODFREY RD. APT. 24 - PAUL LARIVIERE TO S&J JONES INVESTMENTS

$195,000- 2002 RIVER AIRE CT. - STEPHEN LOSIEVESKY TO JAMES AND NICOLE DABBS


GRANITE CITY


$21,500- 2309 BENTON ST. - LAURA BAGI TO EQUITY TRUST

$45,000- 1355 NORWOOD DR. - ELSIE HOOPER TO KARRIE FRAZAR AND KARLEY SWARTS

$97,000- 32 GEMSTONE DR. - MICHAEL, CHERYL AND WILLIAM CHAMPION TO STEVEN MEADOWS

$82,000- 2645 E. 27TH ST. - MICHAEL JONES TO MITCHELL AND GERI SANDERSON

$53,500- 2874 RALPH ST. - JUSTINE PETTERSON HOUSING AND REINVESTMENT CORP. TO CINDY BARRIOS

$32,000- 2620 MEADOWLANE DRIVE - THE SECRETARY OF HOUSING & URBAN DEVELOPMENT TO TAYLOR FAMILY ENTERPRISES


MARYVILLE


$110,000- 905 ANDRA DR. - TRAVIS STEPHENSON TO CPT 58 HOMES


ST.JACOB


$135,000- 1518 OLD STATE RT.4 - DALE AND SHARILYN WITTAKER TO TITLE STAR AGENCY


TROY


$80,000- 113 WESTON ST. - THE SECRETARY OF HOUSING & URBAN DEVELOPMENT TO MICHAEL AND CHAROLETTE MCLEAN

$50,500- 131 REAGAN DR. - VICKSBURG DEVELOPMENT TO ASKEW BUILDERS

$214,900- 625 BUCKINGHAM DR. - JEFFERY AND SHARON SCHMEIDER TO GLORIA AND SANDRA O'BRYAN


WOOD RIVER


$53,000- 352 E. JENNINGS AVE. - BETTY WATSON TO CAMERON AND LYDIA DAVIS


WORDEN


$112,500- 7904 POSSUM HILL RD. - DANIEL RHODES TO TYLOR WINEINGER


MAY 3, 2017


ALTON


$10- 3232 HAWTHORNE BLVD - WELLS FARGO BANK TO THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT


BETHALTO


$173,750- 203 WRIGLEY FIELD DR. - R.L.P DEVELOPMENT CO. TO MICHAEL WINKLMEIER


EAST ALTON


$71,000- 601 WASHINGTON AVE - BURROWS INVETMENTS TO KELSEY ECK


EDWARDSVILLE


$170,000- 1329 ST LOUIS ST. - CARRINGTON HOMES TO DYLAN BENTLEY

$300,000- 640 E. LAKE DR. - JEFFERY AND AMY MILLS TO DAMON AND LORI YATES


GLEN CARBON


$28,000- LUCINDA DR. - JOESPH AND LUCILLE EARLY TO CODY OSBORN


GRANITE CITY


$42,000- 4021 SARA ST. - QUICKEN LOANS TO HOMEINVESTORS

$98,500- 3031 MOCKINGBIRD LN. - ATHLEEM JENKINS AND BRYCE BORKGREN TO LANDON PERKINS

$53,101- 436 WILSON PAR LN. - SECRETARY OF HOUSING AND URBAN DEVELOPMENT TO MATTHEW FINGERHUT AND CALEB DAVIS

$73,500- 1548 GARFEILD AVE. - GRETCHEN JACKSON TO NICHOLAS STANLEY


MADISON


$125,000- 1350 GRAND AVE. - MADISON-GRAND PARTNERSHIP TO ENNERGY STARS HEATING AND COOLING


MARYVILLE


$23,000- 800 COPPER RIDGE - MICHAEL SWEETEN TO HUNZIKER PROPERTIES


WOOD RIVER


$26,000- 834 WHITTIER ST. - SECREATARY OF HOUSING AND URBAN DEVELOPMENT TO FRED SHAW

Madison County foreclosures May 5-19

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MAY 5, 2017


JPMORGAN CHASE BANK V. STEPHEN FOEHRKOLB , $164,131.41, 222 WILLOW DR., COLLINSVILLE. 17CH310

NATIONSTAR MORTGAGE V. HEIRS OF DONALD HENDRICKS, $49,274.99, 8802 RENE AVE., COLLINSVILLE.

OCWEN LOAN SERVICING V. JEFFREY AND CASSANDRA BRIDICK, $38,561.28, 1607 4TH ST., MADISON. 17CH312


MAY 8, 2017


US BANK V. KATHLEEN DAVIS, $90,425.48, 1813 PRIMROSE AVE., GRANITE CITY. 17CH314


MAY 9, 2017


BRANCH BANKING AND TRUST CO. V. DAVID AND SABRINA ACUP, $52,784.54, 4385 STATE ROUTE 162, GRANITE CITY. 17CH313


MAY 10, 2017


US BANK V. MIKE LAMERE, $56,199.01, 514 LOGAN ST., BETHALTO. 17CH315

PENNYMAC LOAN SERVICES V. RICHARD BRITT, $125,61964, 5112 WHITESELL WAY, GRANITE CITY. 17CH317


MAY 11, 2017


HSBC BANK V. VICKI RENAULT, $108,621.96, 712 TRUMAN ST., MORO. 17CH318


MAY 12, 2017


JPMORGAN CHASE BANK V. JEFFREY BONER, $89,483.90, 406 MONTANA ST., BETHALTO. 17CH319

SPECIALIZED LOAN SERVICING V. ALLENE DONOHUE, $34,346.70, 2631 SHERIDAN AVE., GRANITE CITY. 17CH320

BROKERS SOLUTIOINS V. GARY CARTER, $86,732.90, 1415 BROADWAY AVE., S. ROXANA. 17CH321


MAY 15, 2017


HSBC BANK V. IDA WICKER, $104,060.17, 721 OSBORN DR., COLLINSVILLE. 17CH322

WELLS FARGO BANK V. JENNIFER SPILLER AND ALMA MCINNIS, $127,881.86, 205 S. MYRTLE ST., EDWARDSVILLE. 17CH323

BAYVIEW LOAN SERVICING V. JAMES ANTHONY AND TAMMY BRADDUM, $25,455.81, 1413 RHODES ST., GRANITE CITY. 17CH324

NATIONSTAR MORTGAGE V. ANDREA MULL, $40,938.88, 137 SANDRIDGE DR., COLLINSVILLE. 17CH325

FIRST MID ILLINOIS BANK AND TRUST V. MICHAEL AND LYNN BYRD, $47,232.82, 317 S. KANSAS ST., EDWARDSVILLE. 17CH326

DITECH FINANCIAL V. CHRISTINA GREENWELL, $161,759.11, 2 CULPEPPER CT., EDWARDSVILLE. 17CH327

US BANK V. ZACHARY AND JANE PERRY, $181,543.33, 4636 CAMELLIA PL., ALTON. 17CH328


MAY 16, 2017


WILMINGTON TRUST V. STEPHANIE RUNION, $65,608.68, 532 10TH ST., WOOD RIVER. 17CH329

NATIONSTAR MORTGAGE V. WESLEY AND PATIENCE FERRY, $81,612.27, 1409 SPAULDING ST., ALTON. 17CH330


MAY 17, 2017


WELLS FARGO BANK V. KELLY ROSEMAN, $118,060.90, 2400 COPPER CREEK RD., MARYVILLE. 17CH331

NATIONSTAR MORTGAGE V. ROBERT SONSOUCIE AND ALYSSA RUSSELL, $104,030.34, 713 13TH ST., HIGHLAND. 17CH332

JPMORGAN CHASE BANK V. DAVID WILSON, $70,331.56, 2220 IOWA ST., GRANITE CITY. 17CH333


MAY 18, 2017


CARRINGTON MORTGAGE SERVICES V. CATHERINE AND ERIC VANDEFORD, $75,648.43, 221 DOERR ST., ROXANA. 17CH335

WELLS FARGO BANK V. JILL WINN, $88,978.87, 59 SUMMIT DR., GLEN CARBON. 17CH336


MAY 19, 2017


DITECH FINANCIAL V. JAMES, SAMUEL, JOHN AND BONNIE BRAWLEY AND MARY RIGGS, $56,872.59, 2805 BIRCH AVE. UNIT ABE, GRANITE CITY. 17CH337

US BANK V. JULIE AND GARTH AKAL, $226,928.73, 5212 THORNDALE DR., GODFREY. 17CH338

ST. JOHNS BANK AND TRUST CO. V. TJCC MINISTRIES AND ALONZO JOHNSON, $188,786.65, 1145 COLLEGE AVE., ALTON. 17CH339

LAKEVIEW LOAN SERVICING V. JONATHAN AND CAROLYN WHITE, $103,020.37, 114 E. MADISON AVE., COLLINSVILLE. 17CH340

DEUTSCHE BANK V. KIM AND DARLENE ROSS, $58,452.74, 1926 BECKWITH AVE., MADISON. 17CH341

Illinois Supreme Court: IHSA may oversee public high school sports, but not a public body subject to FOIA

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In an unanimous opinion, the Illinois Supreme Court agreed the Illinois High School Association – the organization which partners with high schools to oversee high school athletics across the state – does not need to share its documents with the public under the Freedom of Information Act.

The Better Government Association filed a FOIA complaint against the IHSA in Cook County Circuit Court in 2014. Circuit Judge Mary L. Mikva dismissed the one-count complaint, and in July 2016 the Illinois First District Appellate Court agreed, refusing to compel IHSA to turn over certain documents.

Supreme Court Justice Mary Jane Theis wrote the opinion, filed May 18, finally resolving the BGA’s complaint stemming from June 5, 2014, when it submitted a written request to the IHSA seeking the organization’s contracts for accounting, legal, sponsorship and public relations/crisis communications services for fiscal years ending in 2013 and 2014. IHSA responded that its federal nonprofit status makes it exempt from FOIA.  

BGA asked the circuit court to declare IHSA a subsidiary “public body” under FOIA rules, to declare the group performs a governmental function for its member schools and to compel IHSA and south suburban District 230 to produce the records. In upholding Mikva’s dismissal, the appellate panel cited the 1978 Illinois Third District Appellate Court ruling in Rockford Newspapers Inc. v. Northern Illinois Council on Alcoholism & Drug Dependence, which “articulated a three-part test for determining whether an entity is a ‘subsidiary body’ as the term is used in the Open Meetings Act.”

The three components ask whether the entity has legal existence outside of government resolution; the nature of its functions; and the degree of government control exerted.  Lampkin said IHSA passes on all three questions. The Supreme Court reviewed the same issue, noting it had “not yet considered whether a private entity could be considered a ‘subsidiary body’ under the FOIA.”

The BGA asked the Supreme Court to consider both the extent to which a private entity can, under federal civil rights laws, be found to have performed a state function, and whether any private entity is entitled to governmental tort immunity. The court rejected the first request.

“The fact that in some instances,” Theis wrote, “a private entity’s conduct may subject it to the constitutional limits placed on state action based on the federal courts’ ‘state actor’ analysis is not necessarily helpful in determining the scope of the statutory definition of ‘public body’ as defined by our General Assembly.”

With respect to the tort immunity request, Theis wrote the key inquiry again is if the entity seeking immunity is operationally controlled by a local government, something the court said needs to be determined on a case-by-case basis.

Theis noted the BGA did not specifically allege which public body holds the IHSA as a subsidiary and further that “IHSA’s governing documents do not reflect any such organizational structure.” Founded in 1900, IHSA “has had a separate legal existence, independent from any public body, for more than the past 100 years,” she added. “The IHSA has never been ‘housed’ within a public body, and its rules and regulations have never been part of the School Code.”

Although the BGA is correct in asserting the majority of IHSA’s membership is public schools, Theis said the IHSA constitution does not require that be so, nor are the unpaid IHSA board members accountable to any particular district or school. IHSA staff members are not paid from government funds or eligible for government retirement and insurance programs.

Theis further explained that the IHSA does not act on behalf of District 230 with regards to the records the BGA sought, nor does District 230 delegate its governmental functions to the IHSA.

“The responsibility to govern and coordinate interscholastic athletic competitions for public and private school students” is not a District 230 function under the law, Theis wrote, nor is there any such language in the School Code except that allowing school boards to join or form associations.

According to Cook County court records, the IHSA was defended in the action by attorneys with the firm of Dykema Gossett PLLC, of Chicago.

The BGA was represented by the firm of Loevy & Loevy, of Chicago.

Madison County civil docket June 1-2

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Thursday, June 1


9:00 AM


HOWERTON SALLY  V.  HOFFNER MICHAEL

14-L-001699, DUGAN 230


Friday, June 2


8:30 AM


DECARLO CHERI  V.  HESSE PAUL DBA J&W JANITORIAL

12-L-000991, DUGAN 230


TURNER DOUGLAS INDIVIDUALLY  V.  TOMERLIN JAY SPEC ADM OF THE E

15-L-001180, DUGAN 230


MURPHY IDA M  V.  SIMS ELAINE

16-L-000247, DUGAN 230


EVERAGE CHRISTOPHER  V.  CITY OF ALTON ILLINOIS

16-L-001751, DUGAN 230


9:00 AM


SITZMORE BRETT E  V.  FORD MOTOR COMPANY

16-L-001567, MATOESIAN 351


SMITH CURTIS A  V.  PONTIOUS DEBORAH

13-L-001662, MATOESIAN 351


WILSON PATRICIA L  V.  JONES JESSIE L

17-L-000131, MATOESIAN 351


SHAW TREVOR  V.  KUHN SCOTT

16-L-001698, MATOESIAN 351


ATKINSON CRAIG A  V.  POLZIN NANCY J

13-L-001497, MATOESIAN 351


PUDIVITR TODD  V.  MORRISSEY CONSTRUCTION INC

15-L-000382, MATOESIAN 351


HOMER TERRY W JR  V.  BRAY KAYLA S

17-L-000181, MATOESIAN 351


BRADLEY KEITH  V.  POOS CASEY

13-L-002205, MATOESIAN 351


MORAN KEITH  V.  SCHUERING DANIEL P

16-L-000540, MATOESIAN 351


BURKE ALISHA D  V.  ROBINSON MARK

14-L-000681, MATOESIAN 351


GRANGER MAJOR JR  V.  HOHNSBEHN BRUCE

15-L-001194, MATOESIAN 351


CHILDERS DAVID L  V.  KRAMER RUSSELL J

14-L-000242, MATOESIAN 351


GOWIN RONALD E  V.  GRIESEMER BRUCE W

16-L-001375, MATOESIAN 351


MILLER DAVID  V.  BEST HOMETOWN BANCORP INC FNA

17-L-000079, MATOESIAN 351


SMILEY ALEX  V.  HOBBS MELLISSA E

16-L-001692, MATOESIAN 351


SMELSER JONATHON W  A MINOR BY  V.  THUIS VERONICA L

16-L-000070, MATOESIAN 351


FORD DAVID  V.  DACUS JACOB

12-L-001343, MATOESIAN 351


GLEASON MARGARET  V.  MANUS WILLIAM SR

14-L-001657, MATOESIAN 351


ORF MICHELLE  V.  ROGERS DAVID

15-L-000357, MATOESIAN 351


BOHNENSTIEHL LINDA J  V.  MATTEA BRUCE

16-L-001398, MATOESIAN 351


MOORE DEMETRIUS D #509786  V.  VENICE POLICE DEPARTMENT

16-L-001736, MATOESIAN 351


MIDWEST TURBINES LLC  V.  ZIEMER USA INC

13-L-001916, MATOESIAN 351


MONROE TONYA  V.  CANNON SARA DR

11-L-000403, MATOESIAN 351


FORD RITA  V.  VANDER VELDE THEODORE L MD

15-L-000582, MATOESIAN 351


SMITH DOUGLAS  V.  MACIOS CHRISTINE

16-L-000301, MATOESIAN 351


SANDERS GEORGETTA  V.  MORIETTA KAYLIE

16-L-000662, MATOESIAN 351


DAILEY TONYA  V.  AROSEMENA ALEXIS DBA NICKS BAR

15-L-000672, MATOESIAN 351


AMERICAN EXPRESS BANK FSB  V.  PARCEL RITA

17-L-000304, MATOESIAN 351


GODFREY HEALTHCARE AND REHABIL  V.  TOIGO JOHN

16-L-001775, MATOESIAN 351


LIGHTHOUSE LEGAL FINANCE LLC  V.  MEACHAM WILLIAM

16-L-001077, MATOESIAN 351


YEAGER JERRY  V.  SIMMONS JAMES K

15-L-000502, MATOESIAN 351


GRESHAM BRITTANY  V.  BOSWELL JOHN L

17-L-000284, MATOESIAN 351


KING CYNTHIA J  V.  HENDRICKS VICTORIA M

14-L-000335, MATOESIAN 351


ANDERSON JAMIE  V.  CARLSON KYLE

16-L-001350, MATOESIAN 351


CARSON JESSIE  V.  MADISON COUNTY TRANSIT

16-L-001355, MATOESIAN 351


BOYCE TERENCE  V.  VINING ROY J

16-L-000735, MATOESIAN 351


MILLER HUBBARD  V.  STEARNS PROPERTY COMPANY LLC D

12-L-000579, MATOESIAN 351


COOK DUSTIN  V.  WOLFE DANIEL

15-L-001159, MATOESIAN 351


DAUBE MICHAEL  V.  VOSS PATRICK

14-L-001770, MATOESIAN 351

Madison County asbestos motion docket May 31-June 2

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Wednesday, May 31

9:00 AM

DOUGLAS GLADYS   V.   4520 CORP INC SUCC TO THE SHAW
15-L-000853, ASBESTOS J 327

CARRON MICHAEL   V.   3 M COMPANY
16-L-000255, ASBESTOS J 327

KINCAID GERALD   V.   AIR & LIQUID SYSTEMS INC AS SU
16-L-001313, ASBESTOS J 327

KOZIOL PAUL   V.   3 M COMPANY
16-L-001104, ASBESTOS J 327

WOLFGANG JUDITH INDIVIDUALLY   V.   AJAX MAGNATHERMIC CORPORATION
13-L-000243, ASBESTOS J 327

MACK ROBERT L SR   V.   A W CHESTERTON INC
13-L-001219, ASBESTOS J 327

WOODS BILLIE JO INDIVIDUALLY   V.   ABB INC SUCC TO ITE ELECTRICAL
14-L-001648, ASBESTOS J 327

DUBOIS PETER SR   V.   AW CHESTERTON INC
15-L-000300, ASBESTOS J 327

GORE LARRY   V.   ABB INC SUCC TO ITE ELECTRICAL
15-L-001222, ASBESTOS J 327

RICHARDSON BARBARA   V.   3 M COMPANY
16-L-000369, ASBESTOS J 327

WARICK EMORY   V.   3 M COMPANY
16-L-000741, ASBESTOS J 327

WARING BARRY   V.   3M COMPANY
16-L-000947, ASBESTOS J 327

DIXON HUBERT   V.   3 M COMPANY
16-L-001201, ASBESTOS J 327

KANOSKI RICHARD   V.   A W CHESTERTON INC
13-L-001220, ASBESTOS J 327

PETKOVSEK BONNIE L   V.   AMERICAN BOILER TANK & WELDING
13-L-001291, ASBESTOS J 327

DIXON EDWARD   V.   AMERON INTERNATIONAL CORPORATI
13-L-001546, ASBESTOS J 327

COLLIE CHARLES   V.   AERCO INTERNATIONAL INC
14-L-000967, ASBESTOS J 327

JOHNSON JOYCE M INDIVIDUALLY   V.   ALBANY INTERNATIONAL CORP SUCC
14-L-001167, ASBESTOS J 327

BURTON DANIEL   V.   AMERICAN OPTICAL CORP
15-L-000980, ASBESTOS J 327

STURDEVANT MATTHEW   V.   ALBANY INTERNATIONAL CORP SUCC
15-L-001051, ASBESTOS J 327

HARVATH VICKI   V.   ABB INC SUCC TO ITE ELECTRICAL
15-L-001164, ASBESTOS J 327

HIGDON BARBARA L   V.   AURORA PUMP CO
15-L-001311, ASBESTOS J 327

LANDES CLAYTON   V.   3 M COMPANY
16-L-000206, ASBESTOS J 327

STARK ALBERT   V.   AIR & LIQUID SYSTEMS AKA BUFFA
12-L-000688, ASBESTOS J 327

SMITH MARK   V.   3 M COMPANY
16-L-000630, ASBESTOS J 327

GARNER RICKY   V.   3M COMPANY
16-L-001024, ASBESTOS J 327

GARCIA EDWARD INDIVIDUALLY   V.   AFTON PUMPS INC
13-L-002058, ASBESTOS J 327

KELLEY ROBERT L SR   V.   ALFA LAVAL IN IND AND AS SUC/I
13-L-000148, ASBESTOS J 327

VAN OOST TIMOTHY W AS SPC ADM   V.   AO SMITH CORPORATION
13-L-000312, ASBESTOS J 327

MURPHY BILLY W SR   V.
15-L-000786, ASBESTOS J 327

KELLY BRUCE   V.   3M COMPANY
15-L-001619, ASBESTOS J 327

LEVERETT CLIFFORD   V.   AIR & LIQUID SYSTEMS CORPORATI
16-L-000944, ASBESTOS J 327

BURKIG LILA L INDIVIDUALLY   V.   AIR AND LIQUID SYSTEMS CORP SU
12-L-000907, ASBESTOS J 327

STUEDEMANN ALBERT   V.   ADM MILLING CO A WHOLLY OWNED
14-L-000933, ASBESTOS J 327

FOSTER BETTY   V.   ABB INC SUCC TO ITE ELECTRICAL
15-L-000408, ASBESTOS J 327

JONES GARY E   V.   AAF MCQUAY INC DBA MCQUAY INTE
15-L-000594, ASBESTOS J 327

GADDIS MITCHELL   V.   ABB INC SUCC TO ITE ELECTRICAL
15-L-001492, ASBESTOS J 327

LACY JOHNNIE   V.   3M COMPANY
15-L-001644, ASBESTOS J 327

VICKERS LAURA   V.   3M COMPANY
16-L-000271, ASBESTOS J 327

CASILLAS RODOLFO   V.   3 M COMPANY
16-L-000541, ASBESTOS J 327

WILLIAMS THOMAS D   V.   AIR & LIQUID SYSTEMS CORPORATI
12-L-001675, ASBESTOS J 327


Thursday, June 1


10:30 AM


HAMPTON WILLIAM   V.   3M COMPANY

17-L-000031, ASBESTOS J 327


Friday, June 2


9:00 AM


SABATH FREDERICK   V.   3 M COMPANY

16-L-001676, ASBESTOS J 327

Local firms sue in St. Louis on behalf of women claiming deviant massages at Four Seasons

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ST. LOUIS – Two St. Clair County law firms filed nearly identical suits a day apart in civil court, claiming damages for deviant massages at Four Seasons Hotel. 

On May 17, John Kujawski of Kujawski Marcus in O’Fallon sued the hotel and Lumiere Place Casino on behalf of Melissa Morrison. 

The complaint also sought damages from Tropicana Entertainment, owner of a spa at the hotel, and from massage therapist Kamren Holbert. 

Kujawski had previously sued the same defendants on behalf of Samantha Bourne. 

On May 18, Tom Keefe of Keefe, Keefe and Unsell in Swansea filed a complaint with the same counts in the same order, on behalf of Andria Ackerman. 

Keefe currently represents Ackerman in a suit against General Motors, blaming a defective ignition switch for injuries she sustained in an accident. 

In the massage actions, Kujawski and Keefe covered all bases by classifying the hotel, the casino, and the spa as Holbert’s employer. 

Each complaint alleged that all defendants engaged in sexual conduct, and that all defendants committed battery. 

The suits claim physical and psychological injuries, emotional distress and trauma, and privacy invasion. Plaintiffs say they incurred medical expenses, past and future, and lost wages. 

The women seek punitive damages not to exceed $10 million. 

Keefe did not fix the date of the offense, placing it in early 2016. 

Kujawski fixed the date of the offense at Aug. 27. 

Court records show an Aug. 28 arrest for Holbert. 

He faces trial before Circuit Judge Michael Stelzer on June 19, on a felony charge of sodomy in the second degree. 

The charge applies to deviate sexual intercourse without consent. 

The offense carries a potential sentence up to seven years. 

Sodomy in the first degree involves force and carries a possible life sentence. 

Scott Rosenblum of Clayton represents Holbert in the felony proceedings. 


Granite City couple sues fencing contractor over alleged failure to return deposit

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A Granite City couple is seeking in excess of $50,000 in damages from a fencing company it alleges failed to return a $1,500 deposit as ordered by a court.

Dean and Toni Atchison claim in their suit filed May 18 in Madison County Circuit Court that Michael Reed individually and his company Veterans Tree & Fence violated the Illinois Consumer Fraud and Deceptive Business Practice Act.

The Atchisons claim they entered into an agreement with Reed to construct a fence at their home, but when they canceled the agreement, he failed to return their deposit.

They further claim the defendants failed to comply with a court order in which they incurred $161 in court costs in seeking the return of the deposit.

The plaintiffs are represented by attorney Larry A. Calvo of Callis Papa & Szewczyk of Granite City.

Madison County Circuit Court case number 17-L-679.

Motorist sued over January 2016 rear-end collision

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EDWARDSVILLE — A driver is suing another motorist, alleging negligence caused a January 2016 collision in St. Louis County.

Matthew R. Skibinski filed a complaint on May 5 in the Madison County Circuit Court against Paul C. Garbe, alleging he failed in his duty of ordinary care in the operation of his vehicle.

According to the complaint, the plaintiff alleges that on Jan. 14, 2016, he was driving in St. Louis County when the defendant allegedly struck the rear of his vehicle. 

As a result, Skibinski claims he suffered physical injuries and lost earning capacity. 

The plaintiff alleges Garbe failed to keep a proper lookout, failed to properly apply brakes, failed to reduce speed and failed to stop his vehicle in a timely fashion.

The plaintiff requests a trial by jury and seeks judgment in a sum in excess of $50,000, the costs of this action and whatever other remedy this court deems appropriate. 

He is represented by Gregory M. Tobin of Pratt and Tobin PC in East Alton.

Madison County Circuit Court case number 17-L-S99

Siever Equipment employee allegedly cut arm, hand with angle grinder

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EDWARDSVILLE — An employee of Siever Equipment Co. is suing a welding and metal-working company after he allegedly cut his arm and hand while using an angle grinder.

Gregory J. Kruckeberg of Bethalto filed a complaint on May 11 in the Madison County Circuit Court against Forney Industries Inc. doing business as X.O.P., and multiple unnamed persons with the company, alleging that the defendants failed in their duty to design, manufacture and distribute a safe product.

According to the complaint, the plaintiff alleges that on May 22, 2015, while under the course of his employment, he was using an air angle grinder or cut off a wheel when it malfunctioned, cutting his left arm and hand and severing his ulnar nerve. 

As a result, Kruckeberg claims his injuries required medical treatment including surgery. 

The plaintiff alleges X.O.P. failed to exercise reasonable care in designing, developing and manufacturing the equipment, failed to test the product before introducing it to the market and failed to warn and instruct users of the high degree of risk attendant to using the equipment.

The plaintiff requests a trial by jury and seeks monetary relief in excess of $75,000 for actual, special and compensatory damages, all costs incurred, attorneys' fees, expenses, pre- and post-judgment interest and such other relief as the court deems just and proper. 

He is represented by Bob L. Perica of The Perica Law Firm PC in Wood River.

Madison County Circuit Court case number 17-L-622

Suit alleges elderly woman was sexually assaulted on bus

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BELLEVILLE — A 75-year-old woman has filed suit in St. Clair County Circuit Court alleging she was raped last April by a bus driver while riding from her home to the Golden Years Adult Support Center.

Defendants listed in the case are the Metro East Transit District of St. Clair County, St. Clair County, St. Clair County Transit Board of Trustees, Southwestern Illinois College, the Board of Trustees of Community College District 522, Golden Years Adult Support Center, Paul Rongey and William Wasson.

Rongey, 65, faces charges of aggravated criminal sexual assault of a person over the age of 60 in St. Clair County. 

He also was charged with one count of public contractor misconduct.

If convicted of the aggravated criminal sexual assault charges, Rongey faces up to 30 years in prison.

The suit says the plaintiff was a participant in an adult day care for individuals who required assistance with activities of daily living due to physical and mental ailments.

It alleges that on April 12, 2016, the plaintiff was on a bus being transported from her home in O’Fallon to the Golden Years facility in Belleville. Rongey allegedly turned onto a gravel lot located at 1650 Llewellyn Road in Swansea and stopped the bus, then allegedly threatened and raped the plaintiff.

The 11-count civil complaint was filed by St. Louis attorneys Christopher Allen and Amanda Murphy. The suit is asking for at least $50,000 per count in damages. Among the counts are sexual assault and battery, false imprisonment, intentional infliction of emotional distress and willful and wanton conduct.

The complaint claims "the plaintiff sustained physical, psychological and emotional injuries and will require treatment in the future. Plaintiff has incurred treatment expenses and will incur treatment expenses in the future. And the plaintiff’s ability to enjoy life has been and will be impaired, all to her detriment and damage.’’

Legal malpractice suit claims statute expired before injured worker's third party claim filed

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A legal malpractice suit has been filed against the Law Offices of David M. Galanti and attorney Leslie Collins over the alleged mishandling of an injured worker's third party claim.

Ron Lott filed the suit May 18 in Madison County Circuit Court alleging that the statute of limitations for a claim he could have filed against Veolia expired last year without his attorney taking action.

According to the complaint, Lott was injured May 13, 2014 while working at the U.S. Steel plant in Granite City. He alleges he was in a hole cleaning sludge when a Veolia worker dropped a 70-pound piece of steel that fell more than 15 feet and struck him in the back of the neck.

"Had such a third party lawsuit been timely filed, Mr. Lott would have prevailed," the suit states. "Because the statute of limitations has expired on that claim, Mr. Lott has lost his right to prosecute said claim and receive the compensation provided from such a cause of action."

Lott seeks in excess of $75,000 in damages.

He is represented by Christopher Cueto and Michael Gras of Belleville.

Madison County Circuit Court case number 17-L-676

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