Madison County Real Estate :




November 30, 2015




Alton



•$1,000- Trombul Ave. and 2400 Oak Hurst Dr. - Gregory J. Belcher to Ricky L. Gabriel
•$135,000- 3 Montery Pl- Dennis H. and Brenda S. Emmons to Patricia L. Baird




Bethalto



•$89,900- 201 Canterbury St. - Donna Mayberry to Isaa Bower




Collinsville



•$52,000- 2504 Vandalia - Rodney J. Titchenal and Shari Lynn Steiner
•$50,010- 420 Short St. - Secretary of HUD to Brittany A. Waters
•$70,620- 1273 Vandalia St. - John E. Clark Jr. to Timothy A. Pace




Edwardsville



•$185,000- 602 Grandview Dr. - Eric and Lauren Meyer to Daryel E. Buesking
•$410,500- 7 Cherie Ct. - The Bank of Edwardsville to Eric M. and Lauren J. Meyer




Glen Carbon



•$219,000- 23 Sierra Dr. - Anson Lynn and Judith Coverdell to Andrew P. and Jessia F. Bohannon
•$135,250- 27 S. Meadow Ln. - Marla Rae Murphy to Oliver W. and Emily A. Beans
•$257,000- 212 Star Ln. - Jasmine Kumar to Anthony T. and Lakita N. Fane




Granite City



•$2,500- 3252 Edgewood Ave. - GCS Credit Union to William P. and Paula L. Smith
•$110,000- 2521 Commercial Pky- GCS Credit Union to Joseph J. and Lillian B. Steinkoenig
•$62,500- 207 Paradise Ln. - Phillip A. Theis and Jennifer A. Ford to Johnnie J. Maples
•$46,000- 2656 Iowa St. - Jeanette A. Sak and Dianne J. Richert
•$40,000- 3236 Rodger Ave. - Mary Beth Modlin to Steven M. Curless and Richard Bell




Highland



•$105,000- 2100 East St. - Mary V. Biegler to Anna Smith




Maryville



•$950,000- 6553 and 6553 B Hwy 162- The Amos G. Coteman Revocable Trust and Brenda K. Peterson to Mac's Convenience Store




S. Roxana



•$48,900- 212 Smith Ave. - Roland and Trisha Ford to Raymond Williams




Troy



•$129,900- 206 Red Bird St. - Stephen A. and Sandra K. Wilshire to George R. Buehrer
•$56,900- 702 Lancelot Ln. - CRNA to Dustin Coleman







December 1, 2015




Alhambra



•$208,000- 10218 State Route 140- Kenneth D. and Sandra M. Rowen to Angela M. and Wade A. Imhoff
•$642,050- 5079 Dauderman Rd. - Marlene A. Habermann to Jeffrey A. and Donna Mick




Alton
•$69,500- 3623 Coronado Dr. - Ryan and Holly Fairless to Nichole M. and John Clowers




Bethalto



•$79,900- 105 Lee St. - Raymond and Melanie Curtis to Alexander and Lauren Peacher
•$79,000- 569 Shellview Dr. - Matthew and Angela Nicole Edwards to David P and Sue E. Snider




Collinsville



•$140,00- 2602-2604 Vandalia St. - John E. and Kathleen E. Parker to Hunziker Properties
•$90,000- 19 Rex Dr. - First Collinsville Bank to Robert W. and Kelly M. and Lucas J. Barrett
•$145,000- 304 Bill Lou Dr. - Health Sourcer to Nitesh Patel




E. Alton



•$64,900- 229 Washington Ave. - Jennifer A. Fogarty to Samantha Houston
•$113,000- 131 Sullivan St. - Rachel Lomelino to Kyle L. Ogle
•$177,000- 515 Mallard St. - CPT 58 Homes LLC to Thomas R. and Judy Dawn Wilder




Edwardsville



•$230,500- 1503 Aspen Ct. - Joseph M. Debouck to William and Tamara Fisher
•$103,500- 8 Dorset Ct. - Robert J. and Dawn K. Yuhas to Robert A. Valentine
•$205,000- 7847 E. Mick Rd. - Phillip and Martha A. Koke to Garett Koke
•$105,000- 132 Columbia Ave. - Carolyn McCall Catalano to Robert J. Smith
•$195,000- 421 Legion Dr. - Joseph and Jennifer Sexton to Jeremy and Laura Spates
•$260,000- 7 Churchill Ct. - Jeffrey W. Payden to Brian P. Horan
•$209,000- 1143 Prickett Ave. - Anne Herrin to Kyle K. Keppler




Godfrey



•$107,000- 6413 Sunset Dr. - Brian and Marie Elliott to Jeffrey R. Rocker




Granite City



•$15,200- 2414 Edwards St. - Secretary of HUD to Mehmet Dincerouglu
•$20,000- 2904 Oak St. - Donald M. and Elsie L. Clark to Steven Beavin
•$77,000- 2587 Boyle Ave. - James A. and Erin E. Thurmond to Jesus and Angela Hernandez
•$180,000- 2501 Jennifer Crossing - Betty Joyce Bolt to James A. and Erin E. Thurmond
•$50,000- 5208 Nameoki Rd. - Burrows Investments to Megan Shipp




Maryville



•$35,000- 2145 Tuscany Ridge - Milburn Road LLC to Hunziker Homes




Troy



•$177,500- 525 and 521 Whippoorwill St. - Eddie N. Schillinger to Michael P. Wilson




Wood River



•$89,000- 242 S. 8th St. - Home Solutions 4 U to Jessica and Stephanie Lagona










December 2, 2015




Alton



•$115,000- 2710 Bloomer Dr. - Goshen Real Estate to Rachel A. Lomelino
•$53,000- 3847 Horn Ave. - Leon and Linda Bowen to Kelly Smith
•$70,040- 225 Hy Vista Dr. - Nancy Buettner to Mark and Heather Buettner




Bethalto



•$59,500- 121 Canterbury St. - Estate of Shirley I. Wulf to Irene P. Connoyer Trust




E. Alton



•$149,900- 270 Shady Ln. - Aaron and Michele L. McCoy to Tyler J. Heffington




Edwardsville



•$383,500- 7340 Kindlewood Dr. - Remington Properties to Michael E. and Sarah M. Stock
•$75,000- 1312 Kindlewood Dr. - Superior Home Builders LLC to Allen and Claudia Duncan
•$126,500- 1423 Grand Ave. - Michelle D. Stremmel to Lisa M. and Richard J. Mersinger




Glen Carbon



•$125,000- 28 JOel Dr. - Charlene Cox to Merrick conway
•$136,000- 113 Northbay Ct. - Sue Schafer to Tychris Properties




Godfrey



•$167,981- 1013 Koenig Dr. - Fulford Homes to John D. and Kathy D. Goodwin




Highland



•$110,000- 1104 19th St. - Jerome C. Gruenenfelder Trust to Russell and Shirley Dietz
•$107,900- 1 Geneva Dr. - Raymond and Amy Kahrhoff to Kimberly M. Taylor
•$131,000- 1000 Beech St. - Christopher M. and Erica L. Dieu Smith to Tanner C. and Kelly J. Search
•$235,000- 3103 Lake Ridge Dr. - William F. Wehrle to Chad Klostermann and Courtney Hochuli
•$186,300- 110 Falcon Dr. E. - Chad Klostermann and Courtney Hochuli to Jason d. and Ashley D. Maue
•$180,000- 345 Sunflower Dr. - Leonard J. and Lucinda A. Gall to Paul M. and Audra L. Bickline







December 3, 2015




Alton



•$108,500- 905 McKinley Blvd. - Jennifer Jane Maynard to Cheryl D. Coyle
•$160,000- 119 Boynton Dr. - Timothy and Jennifer Storey to Robert and Monika Bode
•$34,250- 1221 Central Ave. - Improvement Homes to American Estate and Trust
•$76,000- 820 Alby St.- Paul and Nancy Schwedeman to Jason E. Brooks and Robert A. Cook




E. Alton



•$180,460- 607 Monroe St., 176 S. Pece St- Jessica Winn to Charle H. Ehlers III and Deborah L. Ehlers




Edwardsville



•$2,081,880- St. James Rd. - CNB Bank and Trust to Grandview Farm
•$160,000- 6038 St. James Rd. - CNB Bank and Trust to Kurt E. Johnson
•$80,000- 9 Shell Ln. - Michael A. Niemeier to Georgann T. Lautner
•$148,500- 218 Monroe St. - Monica L. Spicer to Matthew Bay and Margaret Ann Bay




Glen Carbon



•$260,000- 7038 Richmond Dr. - Daniel Craig and Jayme Leigh Lytle to Max and Lidsey Maier




Granite City



•$81,250- 2503 State St. - Michael K. Harris to Jacqueline M. Harris
•$500- 2548 Hemlock St. - Keetra L. Paschedag to Martha Burich and Dave Rill




Highland



•$212,000- 10 Wren Dr. - Kara J. and Christopher D. Wiegand to Joshua M. Seiffert and Melissa K Menietti




Livingston



•$83,000- 281 Livingston AVe. - Federal National Mortgage to Matthew J. Wise and Katie N. Bush




Madison



•$47,500- 1863 Edwardsville Rd. - Improvement Homes to American Estate and Trust
•$41,000- 1863 Edwardsville Rd. - CRInvestments to Improvement Homes




Troy



•$3,150,000- 7714 and 7638 Commercial Dr. - Bethel-Eckert Enterprises to 6301 N. Broadway

St. Clair County Foreclosures:




December 1, 2015




Associated Bank v. Victor L. Horsley, Foot Surgery Center, $49,983.91, 4909 W. Main St., Belleville. 15-CH-815




December 2, 2015




JPMorgan Chase Bank v. Tamera D. Joplin and Velma and Herman L. Perryman, $56,914.52, 4001 Memorial Dr., Belleville. 15-CH-816

Associated Bank v. Tannie J. Scott, $13,325.83, 412 Hillwood Dr., Belleville. 15-CH-817

PHH Mortgage v. Melanie P. Diel, $31,587.94, 736 St. Nicholas Dr., Cahokia. 15-CH-818




December 4, 2015




PHH Mortgage v. Michael G. and Cheri Lea Lockhart, $63,843.18, 820 Jackson St., Belleville. 15-CH-819

Regions Bank v. Douglas S. and Cynthia S. Hill, $72,180.27, 1120 Raab Ave., Belleville. 15-CH-820

Wilmington Savings Fund Society v. Joshua and Roberta L. Costello, $111,968.79 68, Dale Allen Dr., Belleville. 15-CH-821

Wells Fargo Bank v. Kewana S. Smith-Bell and Ethel M. Smith, Thomas R. Bell Jr.,$114,304.40, 1903 Jerome St., Cahokia. 15-CH-822

Madison County Foreclosures:







December 7, 2015




HSBC Bank USA v. Robin K. Bonn, $64,206.47, 5713 Humbert Rd., Godfrey. 15-CH-714

US Bank v. Barry N. Moore, $84,542.11, 603 N. Combs Ave., Collinsville. 15-CH-715




December 8, 2015




US Bank v. Mildred A. Maxin, $44,099.44, 521 N. Stanley Rd., Cottage Hills. 15-CH-716




December 9, 2015




Wells Fargo Bank v. Terry Tyler Jr. and Katie M. Daves, $56,846.04, 4080 Park Ln., Granite City. 15-CH-717

Bank of America v. Michael W. and Lynn E. Byrd, $38,033.93, 317 S. Kansas St., Edwardsville. 15-CH-718

Providence Bank v. Douglas C. and Cheryl A. Winfield, $293,049.87, 159 Arlington Dr., Granite City. 15-CH-719




December 10, 2015



The Bank of Edwardsville v. Timothy F. Stewart, $27,991.28, 2614 E. 25th St., Granite City . 15-CH-720

US Bank v. Heirs of Joseph M. Stock, $41,143.08, 708 4th St., Highland. 15-CH-721




December 11, 2015




Bayview Loan Servicing v. Mary T. and James Harold Cannon Jr., $51,130.09, 3127 Sand Rd., Edwardsville. 15-CH-722

US Bank v. Donald E. and Betty J. Secor, $54,792.39, 40 E. Westerholdt St., E. Alton. 15-CH-723

An Illinois corporation is suing over promissory notes that were executed and delivered but allegedly not paid for by the defendants.

Pearl Market Inc., doing business as Schwegel's, filed the suit on Dec. 11 in Madison County Circuit Court against Doneetia Woods, Viaduct Auto Parts Inc. and Harry's Disposal Inc.

The plaintiff is holding promissory notes in the amount of $69,900 that were signed by the defendant personally and as president of Viaduct Auto Parts and Harry's Disposal. The first payment was due on Aug. 4, 2014.

Currently due from the defendants is the principal amount of $62,000 and attorney fees of $15,000 for a total of $77,000.

The plaintiff is represented by John A. Sholar of Alton.

Madison County Circuit Court case number 15-L-1611

An Illinois man is suing over injuries he allegedly received in an automobile accident.

Raymond Tedesco filed the suit Nov. 12 in St. Clair County Circuit Court against April Nealey, alleging negligence.

According to the complaint, on June 20, the plaintiff was driving on Highway 50 in O'Fallon when the defendant was allegedly following too closely, speeding and driving too fast for the road conditions.

Because of the defendant's negligence, the plaintiff says he was injured and disabled, has had medical expenses and loss of income, property damage, loss of the use of his vehicle and increased risk for future injury.

He expects future medical expenses, loss of income and loss of a normal life.

He seeks at least $50,000 plus attorney fees and court costs.

St. Clair County Circuit Court case number 15-L-644

An animal nutrition company removed a former employee’s lawsuit alleging he suffered sexual harassment by fellow employees and was later terminated for reporting the alleged incidents.

The defendants removed the case to the U.S. District Court for the Southern District of Illinois on Nov. 13 through attorneys Jill K. Luft and Lauren A. Daming of Greensfelder Hemker & Gale in St. Louis.

They argue that removal is proper because the case involves a federal question, which is defined in the notice as “’civil actions arising under the Constitution, laws, or treaties of the United States.’”

Cedric Harmon filed his lawsuit on Sept. 14 against Trouw Nutrition USA LLC, Jeff Hornberger and Luke Isringhausen.

According to the complaint, Harmon claims that during his employment for Trouw Nutrition, he was subjected to continual sexual harassment from Hornberger in the form of touching, inappropriate remarks and comments and humiliation, which he says resulted in a hostile work environment.

During this time, the plaintiff claims he reported the misconduct to Isringhausen but he and Trouw Nutrition failed to take the necessary steps to reprimand Hornberger. Instead, Harmon alleges he was terminated on July 14, 2014,  in retaliation for filing the complaints.

Harmon seeks a judgment of more than $50,000 for damages, plus court costs and other relief the court deems just. He also seeks a trial by jury.

He is represented by Michael J. Brunton and Mary M. Stewart of Brunton Law Offices in Collinsville.

Madison County Circuit Court case number 15-L-1186

A Madison County woman is asking the court for default judgment in a suit alleging a botched real estate deal.

Sabrina R. Randolph filed her lawsuit on Sept. 15 against Bruce E. Postel.

According to the complaint, Randolph claims Postel agreed to take over some real estate she owned with her sisters and to secure a loan on the home for purposes of satisfying all past due real-estate taxes.

However, the plaintiff alleges Postel then sold the home below market value and denied Randolph any compensation for the sale.

Then on Nov. 25, Randolph filed a motion for default judgment and a hearing on damages set on the next available docket. She argues that Postel had until Nov. 12 to answer or plead in the case, but he failed to do so. She now asks for default judgment.

Randolph seeks damages in excess of $50,000, plus punitive damages, attorney’s fees, costs of the suit and any other relief the court deems just.

The plaintiff is represented by Joseph C. Rathert of East Alton.

Madison County Circuit Court case number 15-L-1185

A man’s ex-wife seeks to consolidate two defamation cases. The two cases involve the ex-wife and new wife and accuse each of the women of defamation.

Kimberly Wilson, the ex-wife, filed her lawsuit on Oct. 22 against Sharonda Wilson, the current wife. Sharonda Wilson filed her lawsuit on Sept. 10 against Kimberly Wilson.

Kimberly Wilson filed a motion to consolidate the cases on Nov. 3.

A hearing on the motion to consolidate is scheduled for Jan. 8 at 9 a.m.

In Kimberly Wilson’s complaint, she alleges Sharonda Wilson filed false police reports and attempted to get her fired from her position as a school teacher by falsely claiming to school officials that the Kimberly Wilson was harassing one of her students (15-L-1365).

Kimberly Wilson is represented by Erin Phillips of Unsell, Schattnik & Phillips in Wood River.

Sharonda Wilson answered that complaint on Nov. 25 through attorney Christopher Bent of St. Louis. She including 12 affirmative defenses arguing that the plaintiff’s claims are barred by doctrines of estoppel, quasi-estoppel, laches, waiver and unclean hands. She also argues that her actions were “taken in good faith and were based on a reasonable believe (sic) that such conduct comported with the law or interpretations thereof.”
Kimberly Wilson seeks damages in excess of $50,000, plus court costs.

In Sharonda Wilson’s complaint, she alleges Kimberly Wilson told another party that Sharonda Wilson was not trustworthy and was cheating on her husband. Sharonda Wilson alleges these allegations are false and were made to damage her reputation and her therapy business, which relies on word-of-mouth referrals to gain clients (15-L-1166).

Madison County Circuit Court case number 15-L-1365

The Heart Care Group in Fairview Heights and one of its doctors deny liability in a patient’s lawsuit alleging they failed to properly diagnose and treat his heart condition.

John M. Beatty, of Wood River, filed his lawsuit on Oct. 2 against Fairview Heights Medical Group, doing business as The Heart Care Group, and Dr. Michael J. Fleissner.

According to the complaint, Beatty claims Fleissner implanted a pacemaker on Aug. 14, 2013, after the plaintiff suffered a slow heartbeat following the administration of a beta blocker to treat arterial fibrillation.

Fleissner discharged Beatty the day after the pacemaker procedure even though Beatty was complaining of pressure and pain in his chest. The plaintiff also alleges an echocardiogram showed a small pericardial effusion around the right side of his heart, the suit states.

The suit states that Fleissner said the pericardial effusion was within normal limits and dismissed Beatty’s feeling of pressure and other symptoms as normal post-operative complaints.

However, Beatty claims he went back to the hospital on Nov. 7, 2013, with complaints of heart palpitations and weakness. He ended up having to undergo a procedure to drain the large pericardial effusion a few days later, the suit states.

Beatty alleges the defendants failed to diagnose and treat the pericardial effusion in a timely manner, prematurely discharged him after the procedure and failed to perform any follow-up echocardiograms to reassess the effusion.

The defendants answered the complaint on Nov. 26 through attorney James Neville of Neville Richards & Wuller in Belleville. They deny the allegations raised against them and demand a trial by jury.

Beatty seeks damages of more than $50,000, plus court costs and other relief the court deems just.

The plaintiff is represented by Paul W. Johnson of SL Chapman in St. Louis.

Madison County Circuit Court case number 15-L-1277

A worker is suing a Madison County energy company, alleging it falsely said he failed a drug test in retaliation for filing a workers compensation claim.

Alex Galluzzo filed a lawsuit Oct. 5,  in St, Clair County Circuit Court against URS Energy and Construction International, alleging retaliatory discharge and defamation.

According to the complaint, on Oct. 30, 2013, Galluzzo, was terminated by URS Energy following his filing of a workers compensation lawsuit May 21, 2013. The suit says the defendant wrongfully alleged to others that Galluzzo had failed a drug test, and that this false assertion defamed the plaintiff's reputation and character.

Galluzzo seeks lost wages, lost benefits and damages of more than $50,000. He is represented by attorneys James DeFranco and Paige Elbe of DeFranco & Bradley PC in Fairview Heights.

St. Clair County Circuit Court case number 15-L-1284 

St. Clair County judges commit fraud on the public by running for election rather than retention, radio voice Bob Romanik alleges in complaints to the state Judicial Inquiry Board.

On Dec. 21, Romanik provided to the Record copies of complaints against chief judge John Baricevic and circuit judges Robert Haida and Robert LeChien.

The inquiry board wouldn’t confirm or deny that it received complaints.

Romanik’s copies show the board’s letterhead and instructions, with blanks that he filled in below and a signature on Dec. 17.

On a line for the kind of case, he wrote, “violating integrity; fraud on public.”

On a line for other witnesses, he wrote, “The entire community in the 20th Judicial Circuit.”

Romanik wrote that on Aug. 26, the judges announced their retirements effective in December 2016.

He wrote that on Nov. 23, Baricevic filed nominating petitions for Haida’s position, Haida filed for Baricevic’s position, and LeChien filed for his own vacancy. The judges seek nomination to the Democratic ticket. 

He wrote that Article 6 of the Illinois Constitution provides that a judge is elected in a partisan contest only the first time he is elected.

“Thereafter, after he has been a judge for the six year term, he must run for retention pursuant to Article 6,” he wrote.

He wrote that the judges violated the Illinois Code of Judicial Conduct.

“Judge Baricevic threatens the integrity of the entire judiciary when he lies to the Supreme Court and lies to the public about his retirement,” he wrote.

Romanik made the same statement about Haida and LeChien.

He wrote that they knew they wouldn’t get 60 percent for retention.

Article 6 of the state consitution was attached to Romanik's complaints.

“The names of judges seeking retention shall be submitted to the electors, separately and without party designation, on the sole question whether each judge shall be retained in office for another term,” states a portion of Article 6, Section 12(d).

To succeed in a retention vote, a judge must receive an affirmative vote of three fifths of the elctorate to earn another term.

Romanik also attached a statement of additional violations, asking why no Democrat filed for the three vacancies. He answered his own question.

“Because everyone, including the lawyers, knew that the judges and judge Baricevic were lying to them about retiring, and that if they tried to run for one of the judicial vacancies, they would be crucified by the powerful Democrat judges,” he wrote.

He wrote that the judges made fun of the Constitution when they ignored its plain words.

He called for immediate and thorough investigation, and for permanent removal from their positions.

Belleville city clerk Dallas Cook earlier this month filed objections against Baricevic, Haida and LeChien on similar grounds at the Illinois Board of Elections.

A preliminary hearing on those objections is scheduled at 10 a.m. today before an electoral board in Chicago.

Baricevic, LeChien and Haida are represented by attorney Michael Kasper of Chicago; Cook is represented by attorney Aaron Weishaar of St. Louis.

Arguments are centered on Article 6 Section 12(d) of the state constitution, which spells out how and when judges seeking successive terms should file notice with the state on their intentions to do so.

Section 12(d) begins, “Not less than six months before the general election preceding the expiration of his term of office, a Supreme, Appellate or Circuit Judge who has been elected to that office may file in the office of the Secretary of State a declaration of candidacy to succeed himself."

Kasper focuses on the use of the term "may,” saying the word connotes permissiveness and denotes discretion.

He argues that if Cook's position were correct, the statute would have to state "may only" file.

Kasper cites case law in Maddux v. Blagojevich in which the Illinois Supreme Court overturned the Judicial Retirement Act, which had precluded a sitting judge from seeking retention if he or she were older than 75, but not a person older than 75 who was never a judge.

"Here, there is likewise no rational basis for concluding that the Constitution would prevent former judges from running in an election, while allowing citizens who were never judges to run in the same election," Kasper wrote.

Weishaar argues in a brief opposing Kasper's motions to dismiss that sitting judges who want to keep their jobs must run on their records in non-partisan elections. Once on the bench, judges should not engage in political activities or be subject to political pressures, Weishaar wrote.

"Nothing from a clear reading of Article VI, Section 12 states, much less indicates by any stretch of the imagination that a sitting judge is somehow permitted, while still on the bench, to file for resignation effective at the end of the current term and at the same time inject onself back into partisan politics by seeking nomation for re-election on the ticket of his political party and then run a campaign for the same judicial circuit where he is still sitting on the bench," Weishaar wrote.

He argues that Kasper's citation of Maddux is flawed because the court in that case ruled that the Judicial Retirement Act created an "irrational classification that could not withstand scrutiny in terms of equal protection."

Weishaar states that in Maddux, the Supreme Court took note of the lower court's dissent in reaching its decision.

"..[W]hile there may arguably be a difference between seeking election and seeking retention, holding that a [sitting] judge beyond retirement age may seek election but not retention brought about absurd result," Weishaar quoted former Appellate Justice Mel Jiganti.

Cook's challenges to the judges seek to have their names stricken from the primary election, set March 15.

He currently serves as Belleville city clerk, but also will be running as the Republican candidate for St. Clair County circuit clerk in a challenge to incumbent Kahala Clay, a Democrat.

Romanik is running for state representative as a Republican in the 114th District through a vacancy being created by Rep. Eddie Lee Jackson (D-East St. Louis). Romanik will face Democrat LaToya Greenwood in the general election in November.

Romanik and Cook belong to a group calling itself the Freedom Coalition, a mixture of Democrats and Republicans who favor fast changes in local government.

With a little over a week left of the year, roughly 1,641 cases have been filed in the Law Division of the Madison County Circuit Court so far in 2015.

The Law Division is a division of the court’s civil docket in which plaintiffs seek damages in excess of $50,000.

This number is down by almost 100 cases from last year’s case filing numbers, where Madison County saw 1,784 cases filed in the Law Division.  

Of those 1,641 cases filed this year, three of the cases were class action lawsuits. One of the class actions has since been removed to federal court, but the other two are still being litigated in Madison County.

On Feb. 17, Donald Weeks filed a class action against Walgreen Co. through attorney Thomas Rosenfeld of the Goldenberg Firm in Edwardsville (15-L-203). He alleges the defendant sells dietary supplements including Gingko Biloba, St. John’s Wort, Ginseng, Garlic and Echinacea under the private house name “Finest Nutrition.”

Weeks claims that he purchased Gingko Biloba, which is said to have an ability to improve memory, from a store in Edwardsville several times within the last three years. He alleges the Walgreens-brand Gingko Biloba does not contain gingko biloba. Instead, it contains oryza, commonly known as rice, the suit states.

The class action was filed after a recent investigation by the New York Attorney General revealed that the Walgreens dietary supplements did not contain “DNA matching the product label.” The supplements were found to contain botanical material other than what was on the label or no plant DNA at all, the suit states.

“Using established DNA barcoding technology, analytic testing disclosed that five of the six tested dietary supplement products (all but the Saw Palmetto) were either unrecognizable or a substance other than what they claimed to be,” the complaint states.

The suit says that only 18 percent of the tests yielded DNA matching the product label; 45 percent tested for botanical material other than what was on the label; and 37 percent yielded no plant DNA at all.

The global market for herbal dietary supplements is estimated at $100 billion, according to the complaint.

“Herbal supplements are regulated by the Food and Drug Administration, but not to the same extent as prescription pharmaceuticals,” the suit says. “They have not been subjected to the same scientific scrutiny as prescription drugs.”

The World Health Organization states that the adulteration of herbal products is a threat to consumer safety, the complaint states.

The New York State Attorney General issued a cease and desist letter on Feb. 2, resulting in numerous class action lawsuits against Walgreens and other retailers across the country, the defendant claims.

The Madison County class action lists claims for violation of the Illinois Consumer Fraud and Deceptive Business Practices Act and for unjust enrichment on behalf of Weeks. He defines the putative class as “all Illinois consumers who, within the three years preceding the filing of this complaint purchased Walgreens Finest Nutrition herbal dietary supplements in the State of Illinois.”

Walgreen Co. removed the class action to the U.S. District Court for the Southern District of Illinois on April 2 through attorney Nicole E. Wrigley of Winston& Strawn LLP in Chicago.

On Oct. 15, Gary Patrick Sterr filed a class action through attorney Thomas Maag of Wood River (15-L-1337).

Maag claims that on Oct. 6, Sterr was wrongfully charged $1 more than state statute allows when he applied for a $10 firearm owner identification card (FOID). The extra fee was part of a convenience fee through the Illinois E-pay program for processing applications online.

Maag filed the class action against Jessica Trame in her capacity as Firearms Services Bureau chief and Michael Frerichs as Treasurer of Illinois.

Maag argues that statute 430 ILCS 65/5 expressly states that the FOID fee is $10.

By charging an additional $1, Trame is unilaterally imposing without statutory authority a 10 percent surcharge on FOID cards, he claims.

He further claims it is impossible to get a FOID card without paying the extra fee on top of the $10 mandatory cost (except for certain members of the military who are exempt all together) because the Firearms Services Bureau stopped accepting paper applications early this year that allowed people to mail $10 checks or money orders.

"Defendants have charged a minimum of ten thousand people, and possibly substantially more, well into the hundreds of thousands or millions of class members," Maag wrote.

In 2011, the state received 321,000 FOID applications, he wrote.  

He notes that in order to lawfully possess a firearm in Illinois, "it is generally required to have in a person's possession a currently valid" FOID card.

Represented by Assistant Attorney General Bilal Aziz in Springfield, Trame and Frerichs filed a motion for an extension of time to plead. On Dec. 14, Circuit Judge Dennis Ruth approved their motion for an extension of time.  

On Nov. 17, William A. Coleman and Mary A. Coleman filed a class action against Sentry Insurance Mutual Company through attorney Christopher A. Koester of Taylor Law Offices of Effingham and attorneys Irwin Levin, Richard Shevitz, Vess Miller and Lynn Toops of Cohen & Malad in Indianapolis (15-L-1484).

The Colemans argue that Sentry has offered the payback program and payback agreement since 1986 to persuade safe drivers to purchase its insurance with the promise that if a driver remained claim-free for 5 years, the defendant would start to refund them half of their earlier paid premiums and would continue to do so for each claim-free year.

In addition, the suit alleges, the defendant said it would continue to renew those safe driver policies. However, the suit says, as the plaintiffs and others began qualifying for the refunds, Sentry "non-renewed" the policies and failed to execute the paybacks.

The suit says this is in breach of the insurance contracts, in breach of the defendant's duty of good faith and in violation of Illinois consumer protection laws. Further, the defendant continued to sell these policies even after it said it would not renew the payback program, the complaint states.

The defendant has not yet answered the complaint.

BELLEVILLE – A Pennsylvania woman is suing several pharmaceutical companies, alleging personal injuries and economic damages that she says resulted from taking a prescription drug.

Elaine Bell filed a lawsuit Nov. 25 in St. Clair County Circuit Court against Janssen Research & Development, Janssen Ortho, Janssen Pharmaceuticals, Bayer Healthcare Pharmaceuticals, Bayer Pharma AG, Bayer Corporation, Bayer Healthcare, Bayer Healthcare AG and Bayer AG.

According to the complaint, the defendants marketed, promoted, distributed and sold Xarelto as a safe way to reduce the risk of stroke and embolisms. Because of misrepresentations and falsehoods about the drug, the suit says, Bell suffered serious and dangerous side effects, including life-threatening bleeding, physical pain and mental anguish, diminished enjoyment of life, medical expenses and loss of earnings.

The suit alleges product liability, intentional infliction of emotional distress, fraud, negligence, negligent misrepresentation, fraudulent misrepresentation, express warranty and implied warranty.

Bell seeks at least $50,000 from each defendant, court costs and attorney fees. She is represented by attorneys John J. Driscoll and Christopher J. Quinn of The Driscoll Firm in St. Louis.

St. Clair County Circuit Court case number 15-L-674

SPRINGFIELD — The door to Illinois continues to swing outward more often than it does inward.

New data released by the U.S. Census bureau showed that in terms of domestic migration — people moving about within the United States — Illinois saw roughly 105,200 more people leave than arrive.

Even when offset by a gain of more than 37,600 by way of international migration, Illinois still ended up about 67,500 in the negative column.

With natural growth (births minus deaths) counted, Illinois showed a net population loss of nearly 22,200 people, or about 0.17 percent of its population.

Of the 50 states, Illinois was the top population loser. Other states showing a net loss of population were Connecticut (-3,876); Maine (-928); Mississippi (-1,110); New Mexico, (-458); Vermont, (-725) and West Virginia (-4,623).

In terms of domestic migration, the only state besides Illinois to show a six-figure loss was New York at nearly 158,000. The Empire State, however, showed a net population increase thanks to natural growth and international migration.

Illinois’ immediate neighbors showed smaller losses to domestic migration than did the Prairie State. Wisconsin had the largest loss of the five bordering states with about 15,570.

In terms of total population change, the only Illinois neighbor state to show a net increase was Iowa with 14,418, or 0.5 percent.

Republican Gov. Bruce Rauner’s administration on Tuesday said the census data “is another indication that shows Illinois needs to grow its economy and create jobs through the structural reforms outlined by Governor Rauner that include a property tax freeze, tort reform and workers' comp reform.”

“Businesses — especially manufacturers — are ignoring Illinois as a place to grow their companies because of the economic climate,” Rauner spokeswoman Catherine Kelly said in an email.

A spokesman for House Speaker Michael Madigan, D-Chicago, said the data from the Census Bureau offered no analysis, and he chose not to offer analysis. A spokeswoman for Senate President John Cullerton, D-Chicago, said she was studying the data.

David Yepsen, director of the Paul Simon Public Policy Institute at Southern Illinois University, said Illinois' rugged economic condition is certainly one reason it's losing population, although not the only one.

For instance, Yepsen said, people should also remember that trends in domestic migration are running from the Midwest and New England toward the South and the West.

Part of that likely translates to job availability, but parts are also likely attributable to better climates and to retiree movement Yepsen said.

But the business and tax climate in Illinois is volatile, Yepsen said, and while “businesses don’t like taxes, they hate uncertainty.”

Tuesday’s data shows that states posting big gains in total net migration included Florida at 332,000; Texas at 271,600; California at 103,500; Washington at 68,700 and North Carolina at 63,200.

In terms of growth by percentage of population, oil-rich North Dakota led the nation by adding an estimated 16,890 residents, or roughly 2.3 percent.

Total population growth for the United States was estimated at 2.51 million. The South showed an increase of roughly 1.39 million people, while the West saw an increase of about 865,600. Smaller gains were reported for the Northeast, about 112,600, and for the Midwest, about 145,300.

The data released Tuesday is from the bureau’s annual estimates on population changes, and the latest report takes into account the period from July 1, 2014, to July 1, 2015.

Last year’s December report indicated Illinois lost nearly 10,000 residents from its population from July 1, 2013, to July 1, 2014. Tuesday’s data showed the Census Bureau bringing that number down to about 7,400.

BELLEVILLE – A group of 10 residents from different states is suing pharmaceutical companies, alleging dangerous side effects from family members taking the drug Xarelto. 

Robert Atkins, Charlene Bolen, individually and as special administrator for Barbara Bradley, deceased, Faye Bagley Cook, Sarah Lynn Croll, individually and as special administrator for Charloee Croll, deceased, Clifford Howard, Ronald Kendall, James Perkins, Teresa Pruitt, Mile Tuiolemotu, and Kathy Baker, individually and as special administrator for Martha Watson, deceased, filed a lawsuit Nov. 20 in St. Clair County Circuit Court against Johnson & Johnson Pharmaceutical Research and Development, Bayer Healthcare Pharmaceuticals, among other defendants.

According to the complaint, the defendants designed, researched, developed and distributed the drug Xarelto as a safe and effective treatment to reduce the risk of stroke and embolism in patients undergoing hip or knee replacement surgery. In the course of marketing Xarelto to patients, the suit says the defendants oversold the efficacy of the drug. 

Indeed, on June 6, 2013, the defendants received a letter from the Food and Drug Administration alleging their claims were misleading, the suit states. Nonetheless, the defendants continued to market Xarelto to physicians who were not made aware of the risks, and who then prescribed the drug to the plaintiffs, the suit alleges.

The suit charges all nine defendants with strict product liability, intentional infliction of emotional distress, fraud, negligence, negligent misrepresentation, express and implied warranty, survival action and wrongful death.

The plaintiffs seek at least $50,000 for each count from each defendant, court costs and attorney fees. They are represented by attorneys John J. Driscoll and Christopher J. Quinn of The Driscoll Firm in St. Louis.

St. Clair County Circuit Court case number 15-L-670