Madison County circuit judge Barbara Crowder rescheduled a jury trial for March 12, 2018, in former circuit judge Nicholas Byron’s suit alleging he was injured when he fell off a pre-assembled saddle stool.

The case had previously been set for trial on Sept. 18.

Byron filed suit on Oct. 8, 2015, through attorney Eric J. Carlson of Byron, Carlson, Petri & Kalb LLC.

He alleges that on Dec. 17, 2013, he was seated on the 24-inch stool in his home when it allegedly collapsed, causing him to injure his ribs and tailbone area. As a result, he claims he developed an open sore.

He claims he purchased the stool from the Glen Carbon Wal-Mart.

He alleges the stool was unreasonably dangerous in that it lacked adequate fasteners or hardware, was improperly assembled and was more dangerous than an ordinary consumer would expect.

He seeks more than $50,000 in damages.

Wal-Mart filed a motion to bar Byron from naming an expert witness on June 19.

The defendant argues that Byron has “either, by choice, or through inadvertence disobeyed this Court’s order by failing to answer 213(f)(3) interrogatories and making such witnesses available for deposition in determining whether to impose discovery sanctions.”

The motion states that on Feb. 18, the parties held a joint examination to view the stool and remnants of the alleged broken rung at Byron’s counsel’s office. However, the plaintiff neglected to have an expert present at the inspection.

“Plaintiff was certainly on notice that the opinion of an expert should be utilized.

“If Plaintiff were to be permitted to name an expert at this time, despite the lack of diligence in doing so prior to the deadline, such disclosure would require that the parties reconvene with each expert in order to conduct a second inspection of the evidence.

“This would prejudice the defense by requiring it to incur the time and expense of being present for an additional inspection with no repercussion to the Plaintiff,” the motion states.

Wal-Mart is represented by Nyhan, Bambrick, Kenzie & Lowry of Chicago.

Madison County Circuit Court case number 15-L-1306

BELLEVILLE — A driver is suing a motorist for allegedly turning in front of him and causing a crash. 

Larcell Jennings filed a complaint on July 3 in the St. Clair County Circuit Court against Shirley Emerson, alleging the defendant violated the traffic signal.

According to the complaint, the plaintiff alleges that on Aug. 15, 2016, he was driving through the intersection of North 79th street with a green light when Emerson attempted to make a left turn and allegedly crashed into the driver side of the plaintiff's vehicle. 

As a result, Jennings sustained physical injuries and incurred medical expenses. 

The plaintiff alleges Emerson failed to keep a proper lookout, failed to yield the right-of-way and drove at an excessive speed for the circumstances.

The plaintiff requests a trial by jury and seeks judgment in an amount greater than $50,000, and for any further just and proper relief. 

He is represented by Gary K. Burger of Burger Law, LLC in St. Louis.

St. Clair County Circuit Court case number 17-L-351

BELLEVILLE – A woman alleges she was injured in a rear-end Caseyville crash.

Karen Fisher filed a complaint on July 19 in the St. Clair County Circuit Court against Sandra D. Ware, alleging negligence.

According to the complaint, on Nov. 23, 2016, while stopped at the intersection of Route 157 and Hill Road, she was struck from behind by Ware's vehicle. 

As a result, Fisher claims she suffered severe physical injuries, disability, mental anguish and became obligated from medical aid. 

The plaintiff alleges Ware failed to keep a proper lookout for vehicles lawfully on the roadway, failed to reduce speed to avoid an accident and failed to stop her vehicle in safe and timely manner.

The plaintiff seeks judgment for a fair and just award in an amount of more than than $50,000, plus costs of suit, and any other relief deems proper and just. 

She is represented by Stephen C. Buser of Law Office of Stephen C. Buser LTD in Columbia.

St. Clair County Circuit Court case number 17-L-328

BELLEVILLE – A Granite City man alleges he suffered a head injury when a recliner suddenly reclined and tipped over.

Floyd Gilliam filed a complaint on July 10 in the St. Clair County Circuit Court against Furniture Rewards LLC, doing business as Kloss Furniture Store; and Golden Bros. Inc., doing business as Ultra Comfort America, alleging negligence.

According to the complaint, the plaintiff alleges that on Nov. 17, 2015, he purchased the Ultra Comfort Power Lift and Recliner that was sold and/or manufactured by the defendants. When he attempted to use the recliner that was assembled at his home, he alleges the back rest of the recliner suddenly and unexpectedly reclined, causing him to strike his head against a wall as the chair tipped over backwards. 

The plaintiff alleges the defendants failed to properly assemble and set-up the recliner, failed to warn plaintiff of the propensity of the recliner to tip over backward and that Golden Bros. failed to have a mechanism to safely adjust the back rest.

The plaintiff requests a trial by jury and seeks judgment in an amount of more than $50,000, plus costs, and any further relief that the court deems appropriate. 

He is represented by Richard J. Zalasky and Ashely E. Vaughan of Brown & Crouppen PC in St. Louis.

St. Clair County Circuit Court case number 17-L-361

BELLEVILLE — A man is suing a holding company, citing alleged refusal to make payments.

Clyde E. Beimfohr filed a complaint on July 5 in the St. Clair County Circuit Court against Seville Holdings LLC and R. Adam Hill, alleging they failed to comply with the agreed contract of the Commercial Promissory Note.

According to the complaint, the plaintiff alleges that on Oct. 22, 2007, he loaned the defendant $200,000 and executed a Commercial Promissory Note stating the defendant will pay in four equal annual instalments of $50,000 a year that will commence a year after the date of the note at the rate of 12 percent per annum. 

The plaintiff alleges the defendants failed to make any payments of principal or interest amount, failed to pay the principal and interest under note within 10 days after the date of plaintiff's demand letter.

The plaintiff requests a trial by jury and seeks payment in the amount of $200,000 for the unpaid principal under the note, together with $228,000 of interest, plus attorneys' fees, costs, and expenses and such other relief as the court deems just and equitable. 

He is represented by Kurt S. Schroeder of Greensfelder, Hemker & Gale, PC in Belleville.

St. Clair County Circuit Court case number 17-L-352

Seven months after the arrest of murder suspect David Fields, court proceedings still haven’t started.

St. Clair County Circuit Judge Robert Haida, who has continued the case every time it has come before him, continued it again on July 21.

Fields’ defense counsel Brittany Kimble of Maywood said her client was not asserting speedy trial.

“I’m comfortable with getting together September 15,” Haida said.  “There’s ongoing discovery so it’s premature to set trial right now.”

He said he could accommodate a trial within a year of Fields’s arrest.

Fields allegedly shot Carl Silas dead before dawn on Dec. 30, while Silas slept in a Belleville apartment.

A case against Fields became sensationalized due to a connection he had with St. Clair County Circuit Judge Ronald Duebbert.

Last fall, while Duebbert ran for circuit judge, Fields completed a prison sentence for domestic battery and briefly stayed at Duebbert’s home.

Duebbert had only served about one month as a judge before he was reassigned to administrative duties on Jan. 3. He was reassigned by Chief Judge Andrew Gleeson who had stated the move was due to Duebbert’s connection to Fields, 20.

The state’s judicial inquiry board (JIB) and a St. Clair County grand jury opened investigations into Duebbert’s conduct around the time of the murder.

On Jan. 4, Gleeson approved a request for the appointment of a special prosecutor to decide whether Duebbert should be charged with obstruction of justice related to the Silas murder case.

Potential obstruction of justice charges were outlined in a letter St. Clair County State’s Attorney Brendan Kelly sent to the Judicial Inquiry Board on Jan. 7.

Neither investigation - the grand jury, which on July 14 heard matters involving Duebbert - nor the JIB case has resulted in the filing of charges against Duebbert.

Victim’s mother

Leisa Silas of Greenwood, Miss., mother of the murder victim, said she has not been satisfied with the pace of the investigation or level of communication she is entitled to receive from prosecutors.

Under Illinois victims’ right law, Silas qualifies as victim. In January she signed paperwork asserting her rights to communication and timely disposition of the case.

She said special prosecutor Matthew Goetten did reach out to her following last Friday’s hearing, but that prior to that date she “wasn’t hearing anything. I used to have to call him.”

Silas said she has read statements made by witnesses who had been at the scene - compiled in a sheriff’s report - and that they don’t make “any sense.”

She said her son was a light sleeper and if there had been a break-in at the apartment, he would have been awoken and not shot in his sleep as stated by witnesses. Silas said she believes suspects were allowed into the apartment.

“I don’t think any of it makes sense,” she said.

“I think they (witnesses) are all involved. I think they know what happened and that is what I have believed from the start.”

She said her son’s death will not go in vain and that she will not stop until the truth is known. She stated that she believes Fields is responsible, but added that “it is more than David Fields.”

She questioned why a second suspect identified as “light skinned” has not been apprehended and why the murder weapon has not been recovered.

Investigative reports of the incident indicate that around 4:30 a.m., Fields and another man broke into the apartment that Silas shared with Jamie Lott, mother of his infant son.

Investigators said Fields shot Silas and the other man struck Lott with a gun.

Officers arrested Fields that day. They never arrested the other man, who they described only as light skinned.

An insurance company claims that a Madison County couple made misrepresentations in the submission of a claim.

Travelers Home and Marine Insurance Co. filed a complaint on July 21 in the U.S. District Court for the Southern District of Illinois against Richard and Donna Smith seeking declaratory judgment.

According to the complaint, the plaintiff issued a homeowners policy to the defendants in October 2016 for their Collinsville property. The suit states that on Nov. 13, 2016, the property was damaged by incendiary fire and the defendants submitted a sworn proof of loss, claiming more than $82,000 for cleaning, repair and replacement. 

The plaintiff alleges that the defendants filed for bankruptcy in May 2016 and claimed the same personal property was only valued at $2,600. The plaintiff claims because of this misrepresentations, it has determined there is no coverage for the claim.

The plaintiff seeks an order declaring that defendants have committed fraud in the presentation of the claim and as a result, the policy is void; that plaintiff has no obligation to make additional payments under the policy; award for all insurance proceeds previously paid; costs and expenses for this action and all other relief that is just and proper. It is represented by Ellen Jean Brooke and Katherine M. Smith of Rynearson, Suess, Schnurbusch & Champion LLC in St. Louis, Missouri.

U.S. District Court for the Southern District of Illinois case number 3:17-cv-00771

The owner of an Indiana antique and consignment store alleges a Jefferson County woman is unlawfully using his mark to offer the same services.

Adam K. Smith filed a complaint on July 19 in the U.S. District Court for the Southern District of Illinois against Sara Piercy, doing business as Finders Keepers Consignment and Resale, alleging trademark infringement.

According to the complaint, plaintiff is the registered owner of Finders Keepers trademark and operates the Finders Keepers Vendor Outlet Mall. The plaintiff alleges that he has suffered and will continue to suffer irreparable harm unless the court enjoins defendant’s infringing activities. 

The plaintiff holds Piercy responsible because the defendant allegedly never responded to plaintiff's cease and desist letters and continues to use the Finders Keepers mark to identify her business.

The plaintiff requests a trial by jury and seeks an order permanently enjoining defendant from using Finders Keepers mark, award for all damages, plus interests, costs and any further relief as is just and proper. He is represented by Jonathan R. Cantrell of Hart Cantrell LLC in Benton.

U.S. District Court for the Southern District of Illinois case number 3:17-cv-00759

A Collinsville couple is suing a St. Louis medical center alleging the husband was injured because of a failure to maintain a sterile field.

Herbert Koonce and Rosetta Koonce filed a complaint on July 18 in the U.S. District Court for the Southern District of Illinois against Barnes-Jewish Hospital alleging that the medical care provider failed to exercise the requisite standard of care in treating patients.

According to the complaint, Herbert Koonce went to the defendant's facility on Aug. 31, 2105, and was later transferred to another facility. The plaintiffs allege the defendant failed to maintain a sterile field in which to place a lumbar drain and failed to clean and sanitize his body before the drain was placed. They allege he has suffered serious and permanent injuries as a result.

The plaintiffs request a trial by jury and seek damages of more than $50,000 and costs expended for this action. They are represented by John J. Hopkins of John J. Hopkins & Associates PC in Alton.

U.S. District Court for the Southern District of Illinois case number 3:17-cv-00749

A Wisconsin company alleges an O'Fallon company owes it money after the cancellation of a contract.

Chase O'Fallon LLC filed a complaint on July 18 in the U.S. District Court for the Southern District of Illinois against CLMP No. 1 LLC seeking declaratory judgment and alleging breach of contract.

According to the complaint, Bear Capital LLC and the defendant entered into a contract for the purchase of an O'Fallon property for $1.7 million. The purchase agreement was later assigned from Bear to the plaintiff, the suit states.

The suit states that the plaintiff later terminated the agreement in June and requested the return of the earnest money per the terms of the purchase agreement. The plaintiff alleges the defendant has not returned the money.

The plaintiff seek an order determining that the purchase agreement is terminated, award for actual damages of no less than $75,000, attorney's fees, costs and any further relief as the court deems just and proper. It is represented by Matthew A. Jacober and Emily E. Cantwell of Lathrop & Gage LLP in Clayton, Mo.

U.S. District Court for the Southern District of Illinois case number 3:17-cv-00747

EDWARDSVILLE – A woman alleges she was injured in a collision in Alhambra Township.

Lina L. Berry filed a complaint on July 17 in the Madison County Circuit Court against Jillian K. Wrigley alleging negligence.

According to the complaint, the plaintiff alleges that on Oct. 30, 2015, she was driving on Reding Road when the defendant collided with the driver's side of the plaintiff's vehicle.

The plaintiff holds Wrigley responsible because the defendant allegedly failed to keep a proper lookout, failed to decrease the speed of her vehicle, failed to maintain the brakes and failed to stop her vehicle in time to avoid collision.

The plaintiff seeks judgment in an amount of more than $50,000 and costs of suit and any other relief deemed just. She is represented by John B. Raffaelle of John B. Raffaelle in Collinsville.

Madison County Circuit Court case number 17-L-1017

To the Editor:

I want to take this opportunity to make a declarative statement to those familiar with my history as the head basketball coach at East St. Louis Sr. High School from 2010 to 2012.

I have had five years to reflect on the big picture and so have others. I can’t speak for anyone but myself.

I want to apologize for anything that I may have done or said that offended any student athlete, coach, school official, parent, or fan of the Flyers.

I extend the same apology to the Katherine Dunham Center's family, political and civic leaders who serve all the underserved communities in the metro east.

Why am I doing this?

I am doing this because of my Christian experience. God is not the author of confusion. Many people are confused by some of my words and deeds.

God and I know my heart. I am a person who tries to live an exemplary lifestyle. I try to seek truth, walk in truth and speak the truth. It’s been said the truth can hurt, the truth can cut like a knife; conversely lies can as well.

The Bible teaches its readers to aim for love and live in truth. I will continue to own those values, but I want to take a pause every once in a while to allow humility to sooth my soul.

I will continue to love the city I was born in, East St. Louis, I will continue to organize and support causes I believe in, but I want to ask those who may not accept my words and deeds in the manner I delivered them to charge them to my head and not my heart.

In conclusion, I hope and pray that everyone who reads this public apology accepts it in the spirit in which it is being delivered; God bless.

Ray Coleman

Belleville

Madison County Associate Judge Sarah Smith announced Wednesday that she will run for the open circuit judge seat created by Circuit Judge Barbara Crowder’s retirement when her term ends in December 2018. 

“I have seen what an impact we, as judges, can have on the lives of those in our community, even as associate Judge. As a Circuit Judge, I will actively participate in community outreach programs that educate our youth and strive to continue helping all the people of Madison and Bond County,” Smith stated in a press release.

Friends of Sarah Smith, a committee supporting her campaign, was formed July 17 by chairman Ron Foster of Walton Telken. 

No contributions have been recorded yet. 

Smith was appointed an associate judge in 2015. She presides over the child support accountability court and oversees the domestic violence accountability court, as well as divorce cases and other family matters.

Smith is a lieutenant colonel with the Army National Guard, the highest-ranking JAG officer in Illinois, and was recently selected to serve as the state's first Military Judge for the Illinois Army National Guard.

Smith is currently an active member of the Illinois Army National Guard and has more than 22 years of military service. She began working as a light wheeled vehicle and power generator mechanic and used the GI Bill to pay for undergraduate and law school. 

She received her bachelor’s degree in political science at Millikin University, a master’s degree in public policy and her juris doctorate at Regent University. 

In 2007, Smith was deployed to Kosovo as chief of operational and administrative Law for the 35th Infantry Division and to Afghanistan as a deputy staff judge advocate for the 33rd Infantry Brigade Combat Team. She also volunteered as a base firefighter and was selected to mentor the only female General in the Afghan National Army. 

Before taking the bench, Smith worked at Ezra & Associates for more than 10 years, focusing on plaintiff’s civil litigation. 

She is also a former assistant state’s attorney, where she handled a variety of cases, ranging from traffic and misdemeanor cases to felony money laundering cases, post-convictions and drug asset forfeitures. 

She was also the assigned prosecutor for the Madison County Veteran’s Treatment Court. 

As an associate Judge, Smith has tried bench trials and prosecuted sexual assault and other complex cases. 

“I will work tirelessly for the residents of Madison and Bond County. I want to serve the public because I care. I firmly believe that I must keep their best interests at heart at all times,” Smith stated.

Smith was also awarded a Humanitarian Service Award for her efforts in Louisiana following Hurricane Katrina. 

Crowder has not yet been reached for comment.

Half a million Illinois children are in danger of having their school year disrupted.

That’s because state lawmakers purposely made school funding dependent on the separate passage of Senate Bill 1, a bill that rewrites the state’s education funding formula. Included in SB 1 is a bailout of Chicago Public Schools worth hundreds of millions of dollars – and that’s where the problem lies.

Illinois politicians are using downstate and suburban students and their dependence on state funding as leverage to force a bailout of CPS.

Not only is that bailout unfair – it’s a repeat of the bailout Chicago got two decades ago– but also the new education funding formula makes promises it can’t keep. Illinois would be forced to pour billions of extra dollars into education the state doesn’t have, meaning even higher taxes on struggling residents.

SB 1 needs to be scrapped. Until real reforms can be enacted, the legislature should amend the budget to fund schools under the current formula.

A dangerous game

More than 350 of Illinois’ poorest school districts depend on the state for more than 30 percent of their education funds. Most of those districts are downstate.

Without that money, many districts may not have enough cash to properly open when the school year begins in August. Many districts are warning of delayed openings or only being able to remain open for a few months.

It’s not that the state has no budget. The Illinois General Assembly passed a new budgetfor fiscal year 2018 earlier this month. And it’s not that the state doesn’t have the money. The budget included the largest permanent tax increase in Illinois history, which will bring in an additional $5 billion.

School districts are only in danger because politicians are playing games with state money for education.

This record-spending budget for fiscal year 2018 funds state departments. It funds universities. It funds health care. And it funds social service agencies.

Lawmakers only withheld funding for K-12 education. More than $7 billion is being kept from local school districts.

House Speaker Mike Madigan and Senate President John Cullerton want Gov. Bruce Rauner to sign the bill with the Chicago bailout included, but the governor has said he will issue an amendatory veto that cuts out the Chicago bailout when he receives the bill.

The General Assembly passed SB 1 two months ago, but Cullerton has avoided sending the bill to the governor since then.

That delay has been all about increasing pressure on the governor. The closer the new school year gets, the more pressure there is on Rauner to sign SB 1 – and approve the Chicago bailout – or veto the bill and leave schools unfunded.

It’s a classic game of chicken, but it’s not lawmakers who will be hurt if things go wrong.

Instead, hundreds of thousands of downstate and suburban children are at risk of seeing their school year delayed or disrupted because of Illinois lawmakers’ gambit to bail out Chicago yet again.

According to Illinois State Board of Education data, more than 350 of Illinois’ poorest school districts rely on the state government to supply 30 percent or more of their annual revenues. More than 350,000 downstate students are enrolled in these heavily dependent districts. In the collar counties and Cook County suburbs, more than 180,000 students are enrolled in such districts.

With much of their budgets missing, these districts are at risk of being unable to open on time or only staying open for a few months.

At the same time, Chicago Mayor Rahm Emanuel has vowed CPS will open as planned, regardless of the outcome of SB 1.

Cullerton recently announced he’ll be sending SB 1 to the governor’s desk on July 31.

It’s an open question as to whether that will actually happen. But even if Cullerton does send the bill, the funding situation for downstate districts still won’t be resolved. 

Real education funding solutions

SB 1 is not a solution to the woes of Illinois’ education system.

It includes hundreds of millions in extra payments to bail out CPS officials’ decades-long mismanagement of the district.

The new “evidence-based” education funding formula it introduces is overly complicated and has failed to improve student outcomes in other states where it’s been tried.

And it demands $3.5-$6 billion in additional funding for school districts, all from taxpayers who have just been hit with the largest permanent income tax increase in Illinois history.

Lawmakers should scrap SB 1 and change the budget so education funding can be distributed under the existing formula. That will allow all schools in Illinois to open as planned.

Once that’s done, lawmakers should start working on a new set of educational reforms that include a new set of priorities.

If lawmakers want to make sure more education dollars reach students, they should focus instead on freeing up the waste in Illinois’ sprawling, inefficient education bureaucracy.

Reforming expensive pensions, consolidating unnecessary school district bureaucracies, and eliminating duplicative administrators are far more effective solutions than the expensive, ineffective new funding formula that lawmakers are currently pushing.

A Domino’s Pizza franchise asks the district court to compel Domino’s delivery drivers to individually arbitrate their claims in a suit seeking compensation for vehicle expenses.

MBR Management filed a motion to compel arbitration and dismiss the proceedings on July 7 through attorneys Rodney Harrison, David Schenberg and Meredith Lopez of Ogletree, Deakins, Nash, Smoak & Stewart PC in St. Louis.

It alleges plaintiff Jesse Tourville entered into a valid and enforceable agreement that requires them to arbitrate, rather than litigate, disputes arising out of their employment. It also argues that the dispute must be addressed on an individual basis rather than a class action.

As a result, MBR Management asks the court to compel arbitration.

MBR Management had previously filed a motion to stay proceedings in May pending decisions out of the U.S. Supreme Court in Lewis v Epic Systems Corporation, Morris v Earnst & Young LLP and N.L.R.B. v Murphy Oil USA Inc. The cases involve an arbitration issue that may be dispositive to this case, the defendant alleges.

Tourville filed the complaint for himself and all others similarly situated on April 11, arguing that delivery drivers were not compensated for vehicular wear and tear, gas and other driving-related expenses.

Tourville worked at the Troy Domino’s Pizza and alleges that he and others paid “out-of-pocket” expenses of $13.38 per hour to provide, operate and maintain their vehicles, losing approximately $1.43 each hour they worked on the road.

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

Tourville filed a motion to conditionally certify the proposed class on April 21 through attorneys Jeremiah Frei-Pearson, Todd Garber and Chantal Khalil of Finkelstein Blankinship, Frei-Pearson & Garber LLP in New York.

In his memorandum in support of the motion to conditionally certify the class, he argues that the defendant consented to conditional certification of a nearly identical Fair Labor Standards Act (FLSA) collective action in another case involving delivery drivers who alleged minimum wage violations.

In this case, Tourville argues, “By systematically under-reimbursing delivery drivers for the significant automotive expenses they incur while delivering pizzas, MBR pushes the drivers’ effectively hourly wage well below the minimum required by the FLSA and state minimum wage laws.”

The plaintiff argues that delivery drivers incur per-mile expenses at a flat rate of $0.75 to $1.20 per delivery.

However, he alleges delivery drivers’ expenses are higher than other drivers “because they regularly drive in urban areas, in stop-and-go traffic, in inclement weather, making multiple stops, frequently turning their engines on and off and – as a result – experience lower gas mileage, more rapid vehicle depreciation, higher insurance rates, and greater vehicular expenses than the average business driver.”

On July 11, magistrate judge Stephen Williams filed an order setting a scheduling conference for Aug. 9 at 9 a.m.

The parties will discuss the nature and basis of the parties’ claims and defenses, the proposed discovery plan, the potential for early settlement of the case, the complexity of the case, the possibility of simplifying the issues in the case and schedules, among other issues.

U.S. District Court for the Southern District of Illinois case number 3:17-cv-373

In an opposition against the state’s motion to dismiss a dispute over school funding, several school districts argue that the “voluntary” Learning Standards are mandated by required tests that help define the students’ college admission.

The complaint filed in April by Despres, Schwartz & Geoghegan Ltd. in Chicago and the Law Offices of Thomas E. Kennedy, III, L.C., in St. Louis, alleges Rauner, the State of Illinois and the Illinois State Board of Education failed to provide the funding necessary to achieve the more rigorous and expensive learning standards required in Illinois.

The defendnats filed a motion to dismiss the complaint on June 15, arguing that the “current system is undoubtedly constitutional.”

“The Learning Standards have not effected such a change in the authority of elected school boards as to eliminate local control, upset established precedent on the separation of powers, or cause Article X of the Constitution to mean something different in this case than it has meant in earlier cases,” the memorandum states.

The memorandum also states that Rauner is not the proper defendant.

“This lawsuit is self-evidently brought against the State of Illinois, whether the Governor is included in the caption of the case or not. The real party defendant in interest here is the State, against whom the plaintiffs seek an award of funds. Accordingly, the circuit court lacks subject matter jurisdiction to hear this case," the memorandum states.

The defendants add that the plaintiffs lack standing to assert Constitutional rights on behalf of third parties, their students.

“School districts themselves do not possess a legally recognized right to receive an education,” the memorandum states.

The school districts filed a memorandum in opposition to the defendants’ motion to dismiss on July 19 through attorney Michael Persoon, Thomas Geoghegan, and Sean Morales-Doyle of Despres, Schwartz & Geoghegan Ltd. in Chicago.

Persoon argues that under the State Lawsuits Immunity Act, the state defendants have no legal immunity from claims of violations of the Illinois Constitution.

“In all the challenges to school funding under the Illinois Constitution, no court has ever imposed a bar of sovereign immunity,” the opposition states.

“But it is fundamental that no statute can insulate the State defendants when they invade constitutional rights, or violate the Constitution itself which is a higher order law,” it continues.

Persoon explains that the defendants argue that the districts can only sue an officer of the state and that the governor is the wrong officer.

He argues that Rauner is the correct officer to sue.

“The Governor has to approve the General Assembly’s allocation of funds to the school districts – he is part of the process that has led to the failure to fund the mandates.

“Furthermore, he appoints the State Board of Education and the Superintendent of Education – the officers who create and administer the Learning Standards.

“As chief executive officer he is ultimately responsible for the enforcement of the laws …” the opposition states.

Persoon also argues that the districts have standing to bring these claims – both on their own behalf and on behalf of their students.

“No Illinois court has ever questioned the capacity of a school district to represent its students. To the contrary, the courts have assumed there is such a capacity,” the opposition states.

Persoon argues that districts can make claims regarding the constitutional rights of the students just as parents could sue on behalf of their minor children.

In regards to the defendants’ argument that the Learning Standards are not detailed or specific, the districts argue that the standards are hundreds of pages long.

“The standards as to what the children must know and when they must know it are specific and detailed,” the opposition states.

“Furthermore, the defendants are just factually wrong that meeting the standards is voluntary and in this respect the parties are in a factual dispute that cannot be resolved on a motion to dismiss,” it continues.

Persoon wrote that the students are assessed on the standards and admission to state universities depend on whether they pass or fail the tests, which are mandatory.

“There is nothing ‘voluntary’ about the PARCC assessments and under state law, the consequences of failure are severe,” the opposition states.

Persoon also wrote that if the districts ignore the Learning Standards, parents would move their children elsewhere.

He argues that even if the Common Core and Learning Standards were not mandatory, they still provide a specific definition of “high quality” education.

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

The school districts suing the state are located in St. Clair, Bond, Christian, Fayette, Jersey, Macoupin, Madison, Montgomery and Peoria Counties.

The Madison and St. Clair County school districts suing the state include Wood River-Hartford School District Number 15, Bethalto Community Unit School District Number 8 and Cahokia Unit School District Number 187.

St. Clair County Circuit Court case number 17-CH-301

BELLEVILLE — A driver claims another motorist caused a collision on Interstate 64 with a mechanically unsound vehicle. 

Tavist Fisher filed a complaint on July 13 in the St. Clair County Circuit Court against Paul Martin, alleging he failed to exercise ordinary care for the safety of others using the public roadway.

According to the complaint, the plaintiff alleges that on Jan. 27, he was driving eastbound on Interstate 64 when the defendant collided with his vehicle. 

 As a result, Fisher claims he suffered disability, pain, medical bills and loss of normal life. 

The plaintiff alleges Martin failed to be attentive while driving, drove at a speed greater than what is reasonable and operated the vehicle when it was not in a mechanically sound condition.

The plaintiff requests a trial by jury and seeks judgment in the amount for actual damages in excess of $50,000, plus costs. 

He is represented by Kevin Boyne of Kevin Boyne, PC in Belleville.

St. Clair County Circuit Court case number 17-L-363

BELLEVILLE — An O'Fallon driver claims another motorist caused a crash while attempting to turn left onto Dean Avenue.

Kimberly Gillespie filed a complaint on July 14 in the St. Clair County Circuit Court against Richard Munro, alleging he failed to follow a traffic control device.

According to the complaint, the plaintiff alleges that on April 7, 2012, she was driving westbound on West Highway 50 near the intersection of Dean Avenue. She claims the defendant attempted to make a left turn from West Highway 50 onto Dean Avenue while his traffic control device was still showing solid green, causing a collision. 

As a result, Gillespie claims she suffered serious, painful, and permanent injuries and incurred medical expenses. 

The plaintiff alleges Munro failed to exercise the highest degree of care to keep a careful lookout and failed to yield the right-of-way.

The plaintiff requests a trial by jury and seeks judgment in such sum over $50,000 for loss and damage, plus costs and such other and further relief as the court deems just and proper. 

She is represented by R. Tyson Mutrux of The Mutrux Law Firm, LLC in St. Louis.

St. Clair County Circuit Court case number 17-L-0368

EAST ST. LOUIS – An insurance company claims it has no duty or obligation to defend an excavating company in a breach of contract suit filed by the Village of Glen Carbon.

Acuity Insurance Co. filed a complaint on July 12 in the U.S. District Court for the Southern District of Illinois against Moniger Excavating Co. Inc. and the Village of Glen Carbon, seeking declaratory judgment.

According to the complaint, the plaintiff issued a commercial general liability insurance policy to Moniger Excavating Co. Moniger entered into a contract with Glen Carbon for the construction of a lake and dam at Ray M. Schon Memorial Park. 

Glen Carbon later filed a suit in March against Moniger, alleging breach of contract. The suit states Moniger tended to Acuity Insurance for its defense, but the plaintiff claims it is not obligated to provide coverage under the terms of the policy.

The plaintiff seeks declaratory judgment that there is no coverage under the policy, plus costs incurred. 

It is represented by Christopher P. Leritz of Leritz & Plunkert, PC in St. Louis.

U.S. District Court for the Southern District of Illinois, East St. Louis Division case number 3:17-cv-00732-MJR-DGW

EAST ST. LOUIS - An insurance company claims a Madison County couple made misrepresentations in the submission of a claim.

Travelers Home and Marine Insurance Co. filed a complaint on July 21 in the U.S. District Court for the Southern District of Illinois against Richard and Donna Smith, seeking declaratory judgment.

According to the complaint, the plaintiff issued a homeowners policy to the defendants in October 2016 for their Collinsville property. The suit states that on Nov. 13, 2016, the property was damaged by incendiary fire and the defendants submitted a sworn proof of loss, claiming more than $82,000 for cleaning, repair and replacement. 

The plaintiff alleges that the defendants filed for bankruptcy in May 2016 and claimed the same personal property was only valued at $2,600. The plaintiff claims because of this misrepresentations, it has determined there is no coverage for the claim.

The plaintiff seeks an order declaring that the defendants have committed fraud in the presentation of the claim and as a result, the policy is void and an order declaring that it has no obligation to make additional payments under the policy. 

The plaintiff also seeks an award for all insurance proceeds previously paid, costs and expenses for this action and all other relief that is just and proper. 

It is represented by Ellen Jean Brooke and Katherine M. Smith of Rynearson, Suess, Schnurbusch & Champion LLC in St. Louis.

U.S. District Court for the Southern District of Illinois case number 3:17-cv-00771