BENTON – A Saline County man is suing a Cutler trucking and distribution company, alleging racial discrimination, a hostile work environment and retaliation.

Tyree Neal Sr. filed a lawsuit Dec. 23 in U.S. District Court for the Southern District of Illinois against Southern Illinois Motor Xpress Inc, alleging violations of Title VII of the Civil Rights Act of 1964 and the Illinois Human Rights Act.

The complaint states Neal, a black male, began working for Motor Xpress as a truck driver in March 2014. The suit says the defendant unlawfully discriminated against him based on race, failed to take action to correct the situation, and retaliated against the plaintiff for reporting the discrimination.

The complaint says Neal witnessed and experienced acts of racially motivated harassment, discrimination and a hostile work environment. The suit says Neal sustained disparate treatment with respect to discipline, reprimands and warnings, promotions and work assignments.

Even though the plaintiff complained to management about the racial slurs, the suit says, the defendant failed to correct the situation and non-black employees were not subject to such conduct.

In response to Neal's complaints, the suit says, the defendant reassigned the plaintiff, resulting in a reduction to his income. He eventually left the defendant's employ in August 2014 as a result of the intolerable working conditions, the suit says.

Neal seeks a jury trial, compensation for past and future losses, the awarding of all wages, benefits and compensation lost due to the defendant's unlawful conduct, plus punitive damages, attorney fees and court costs. He is represented by attorneys James G. Nowogrocki and Richard D. Worth of Weiss Attorneys at Law PC of St. Louis.

U.S. District Court for the Southern District of Illinois case number 15-cv-01412

BELLEVILLE – An Illinois woman is suing nearly 40 companies and Metropolitan Life, alleging negligence in her husband's asbestos-related lung cancer and subsequent death.

Bethi D. Dates, administrator of the estate of Roosevelt Dates Jr., filed a lawsuit Oct. 27 in St. Clair County Circuit Court against CBS Corporation, American Standard Inc., Union Carbide Corporation, Union Pacific Railroad and many other listed defendants, plus Metropolitan Life Insurance Company. 

According to the complaint, Roosevelt Dates Jr. began working in 1951 and continued working until 1992. The suit says at various times during his employment, the deceased was exposed to, inhaled, ingested or absorbed large amounts of asbestos fibers emanating from products he worked with and that were manufactured, sold, distributed or installed by the defendants.

On April 28, 2015, the lawsuit states, Dates' family learned he had developed lung cancer, an asbestos-induced disease, which caused his death Oct. 18, 2014. Before he died, the suit says, he paid large sums of money for medical services, experienced great physical pain and mental anguish, and was prevented from pursuing his normal course of employment, leading to losses of income. 

The complaint says Dates' family has been deprived of his means of support and lost the society of the deceased, and the estate spent substantial sums of money for his funeral and burial. 

Bethi Dates seeks more than $50,000 from each of the defendants.

The count against Metropolitan Life Insurance Company alleges conspiracy. The suit says Met Life conspired to discredit and terminate the studies and experiments of scientists who were developing data about the dangers of asbestos. The suit further states Met Life actively suppressed publication of articles about asbestosis in Asbestos Magazine, a source of information to the public and to users of asbestos products. As a result, Bethi Dates seeks more than $50,000 from Met Life. 

She is represented by attorneys Randy L. Gori and Barry Julian of Gori, Julian & Associates PC of Edwardsville.

St. Clair County Circuit Court case number 15-L-610

Six people from different states are suing the maker of medical devices, alleging the filter products are defective and dangerous.

Matt Byrd of Illinois, Laurence Denslow of Florida, Amanda Forsythe of Utah, Ollie Jefferson-Bey of Missouri, Preston Ponder of North Carolina and Rita Van Straalen of Michigan filed the suit collectively on Dec. 18 in St. Clair County Circuit Court against Cook Group Inc., Cook Inc., Cook Medical LLC and William Cook Europe APS.

The plaintiffs allege they suffered personal injuries and economic damages as a result of using medical devices known as Gunther Tulip Mreye, Gunther Tulip Vena Cava filter, Cook Celect Vena Cava filter and Cook Celect Platinum. 

The suit says Cook filters implanted in the heart are associated with an increased risk for serious injury and death after tilting, perforation, fracture, breakage and migration.

As a result of having the defendants' filters implanted, the plaintiffs allege they have suffered permanent injuries, pain and suffering, disability and impairment, emotional trauma, loss of the ability to live a normal life, lost earnings and increased medical expenses.

The lawsuit says the defendants knew of the problems with the filters but did not disclose them to physicians and patients.

The plaintiffs seek damages of more than $50,000 from each defendant and for each of 13 counts, plus court costs and attorney fees. They are represented by attorneys John J. Driscoll and Andrew D. Kinghorn of The Driscoll Firm PC in St. Louis.

St. Clair County Circuit Court case number 15-L-713

BENTON – A Williamson County corporation is suing an insurance company, alleging refusal to provide coverage for claims against it.

Mike Dover Corporation filed a lawsuit Dec. 14 in U.S. District Court for the Southern District of Illinois against RSUI Indemnity Company.

The suit results from the death of a Dover employee, Jason E. Stacey, while he was working for Dover in West Virginia on July 27, 2011. Dover sent notice of the claim to RSUI on May 13, but the defendant denied coverage two days later, the suit alleges.

At all relevant times, the suit says, the defendant insured Mike Dover for losses from Jan. 1, 2011, to Jan. 1, 2012, and included an $11 million limit for each occurrence.

On June 27, 2012, the decedent's wife filed suit against Mike Dover, and for workers compensation dependent benefits with Illinois and West Virginia.

The plaintiff's payment of both workers compensation claims has exceeded $500,000, the suit says. According to the suit, the insurance policy provides for employers liability coverage in excess of $500,000. The defendant, however, has denied that excess amount has been expended by the plaintiff and has denied coverage, the complaint says.

Mike Dover Corporation seeks judgments that the policy covers the plaintiff for the claims made in the Stacey lawsuit, that the policy limitation of $500,000 has been met by Dover, that the defendant has a duty to pay the claims made by the Stacey lawsuit, that the plaintiff is entitled to reimbursement from the defendant of the amount it has paid to the Stacey estate in excess of $500,000, and that the defendant's listing of another insurance company as the underlying carrier does not affect the defendant's duties under the policy.

Mike Dover also seeks other relief the court deems just. It is represented by attorney Ronald E. Osman of Ronald E. Osman & Associates Ltd. in Marion.

U.S. District Court for the Southern District of Illinois case number 15-cv-1366

A woman is suing a Godfrey assisted living facility, alleging negligence in the death of her mother.

Barbara A. Smith, individually and as special administrator of the estate of Lola Burkhart, filed the lawsuit Dec. 23 in Madison County Circuit Court against The Fountains at Godfrey—Frontier Management LLC, alleging wrongful death.

According to the complaint, Burkhart was a resident at The Fountains from Feb. 28 to Dec. 26, 2013. The suit says that on Dec. 26, she experienced breathing problems for which the defendant allegedly did not obtain appropriate medical treatment. 

Further, the complaint states, the defendant did not contact Smith until her mother was unresponsive. She died a short time after. 

The plaintiff says that had Burkhart obtained prompt medical care, or been taken to the hospital, she would not have died. The plaintiff seeks redress under survival action and the family expense act.

Smith seeks at least $50,000, plus court costs. She is represented by attorney Michael R. Wesley of The Law Office of Michael R. Wesley LLC in Wood River.

Madison County Circuit Court case number 15-L-1668

BENTON – A DeSoto man is suing a collections agency, alleging violation of the Fair Debt Collections Practices Act.

Donald Howell filed the lawsuit Dec. 16 in U.S. District Court for the Southern District of Illinois against Credit Collections Bureau, based in Sioux Falls, S.D.

According to the complaint, on May 19, 2014, Howell incurred a financial obligation to Physicians Surgery Center and, soon thereafter, the debt was transferred to Credit Collections for collection. 

On Dec. 22, 2014, and Feb. 4, 2015, the plaintiff says he was sent two documents, which he says violate the Fair Debt Collections Practices Act. He alleges they incorrectly state the amount of the debt, they fail to disclose that interest is accruing and what the interest rate is and they fail to use the “safe harbor” language approved by the 7th Circuit Court of Appeals in 2000.

Howell seeks a trial by jury, actual damages, statutory damages of $1,000 for each violation, plus court costs and attorney fees.

He is represented by attorney John D. Alleman of Alleman Law Firm PC in Carbondale.

U.S. District Court for the Southern District of Illinois case number 15-cv-01377

An Illinois woman is suing an Alton tavern, alleging negligence over injuries she says she suffered while walking to the restroom.

Christina Flannigan filed the lawsuit Dec. 23 in Madison County Circuit Court against Bubby & Sissy's, alleging negligence.

According to the complaint, on Dec. 27, 2013, Flannigan was at Bubby and Sissy's, 602 Belle St., Alton, to see a show on the second floor. The suit says the area was overcrowded, violating fire codes, and there was no way for customers to get to the restroom or leave the premises.

The lawsuit states Flannigan had no choice but to step up on a platform to walk to the restroom. However, the suit says, when she stepped off the platform, the lighting was poor and there were no steps, causing her to fall and injure herself. Specifically, she alleges she injured her ankle and required surgery, the suit states.

The plaintiff alleges she expects to experience pain in the future, has spent and will spend funds on medical care and related expenses, has endured the loss of a normal life and is unable to perform normal activities of daily living.

Flannigan seeks at least $50,000, plus court costs and attorney fees. She is represented by John C. Webster of Williamson, Webster, Falb & Glisson of Alton.

Madison County Circuit Court case number 15-L-1666

A man and a woman are suing two motorists, alleging negligence for two separate automobile collisions that happened in quick succession.

Jennifer Braundmeier and Donald Goodell filed a lawsuit Dec. 21 in Madison County Circuit Court against William Daniel Carpenter and Jake B. Simpson.

According to the complaint, on Sept. 11, Braundmeier was driving her vehicle, in which Goodell was a passenger, eastbound on U.S. Route 40, near state Route 162. The two defendants were also driving along that route in the same direction but in separate vehicles, the suit says. Carpenter was driving behind Simpson, who was driving one car behind the plaintiffs.

Braundmeier stopped her vehicle behind another stopped vehicle, waiting for the vehicle in front to turn left, the suit says, but the vehicle driven by Simpson failed to stop and struck a vehicle directly in front of him, pushing that vehicle into the rear of Braundmeier's vehicle. 

Thereafter, Carpenter drove his vehicle into the rear of Simpson's vehicle, causing another impact to Braundmeier's vehicle, the suit states.

As a result of the defendants' negligence, the complaint states, the plaintiffs have suffered bodily injuries, can't attend to their usual affairs and will lose wages as well as monies spent seeking medical care.

Braundmeier and Goodell seek $15,000 from each defendant, plus court costs. They are represented by attorney Bernard J. Ysursa of Cook, Ysursa, Bartholomew, Brauer & Shevlin Ltd. of Belleville.

Madison County Circuit Court case number 15-L-1653

SPRINGFIELD — Gov. Bruce Rauner has implemented a merit-raise system for non-union employees, as well as roughly 5,000 workers represented by smaller state-government unions, according to a memo from his lead attorney.

The Republican governor is also proposing many points of the same to the state’s largest employee union — the American Federation of State, County and Municipal Employees Councl 31 — which has been without a contract even after a year of negotiations.

AFSCME, which represents about 35,000 state employees, was not impressed.

In memo to agency chiefs made public Thursday, the governor’s general counsel, Jason Barclay, outlined the merit plan, which includes the use of bonus-money pools.

For example, the state would set aside an amount equal to 2 percent of total unionized payroll.

A quarter of the money would go to employees who qualify by missing no more than seven work days and who don’t have any “work policy violations” on their records for a given fiscal year.

Three-quarters of that bonus pool money would go to employees who meet standards for performance as set by their state agencies, with the setting of those standards to include consultation between the state and the union.

Barclay wrote the larger pool amount would divided among no less than 25 of the unionized employees, provided those employees had also met the attendance and no-violation standards.

The Rauner administration proposal also includes other features, such as a “gainsharing program,” which would reward employees who achieve savings for the state. The administration says every state employee will be eligible and have the opportunity to receive “significant portions of taxpayer gains.”

It also offers a one-time, non-pensionable signing and attendance bonus of $1,000 for unionized employees who have missed fewer than 5 percent of their assigned work days between the effective date of a new agreement and June 30 of this year.

In a statement published on the Capitol Fax web blog, AFSCME Council 31 spokesman Anders Lindall condemned the proposal.

“The Rauner administration’s latest scheme would allow the governor’s political appointees (agency directors) to reward chosen employees based on their own subjective criteria,” Lindall said.

Lindall said the plan would “open the door to cronyism and favoritism that AFSCME believes should be kept out of government entirely. It’s why so-called ‘merit pay’ plans are better termed ‘political pay’ and have been rejected by so many employers in public service.”

Lindall called the proposal “downright discriminatory toward working parents and anyone who gets sick or injured.”

He argued the plan would “punish a cancer patient, a heart attack or stroke victim, someone who suffered a debilitating accident or the parent of a child with a serious illness.”

Mike Schrimpf, the governor’s communications chief, fired back, saying AFSCME was mischaracterizing the plan and trying to stir fear among its members.

“The governor’s merit pay proposal rewards employees who miss fewer than a designated number of ‘assigned work days’ in a year,” Schrimpf wrote. “An assigned work day does not include a day for which the employee has received advanced approval to be absent, such as approved vacation time or an approved leave of absence, including FMLA leave.”

“Therefore, contrary to AFSCME’s claims, an employee would not be disqualified from earning the bonus for absences related to an approved FMLA leave,” he wrote.

Schrimpf argued the governor made a reasonable proposal intended to generate discussion only to be met with “false and misleading information.”

State Rep. Mike Smiddy, D-Hillsdale, a former employee of the state prison system and union member, said AFSCME opposes Rauner’s merit pay proposal because unions have seen such systems used to pick political favorites for raises or deny them for people seen as unfriendly toward the administration.

Smiddy said he thinks the two sides ought to seek mediation, informal or formal, because any trust or goodwill among the sides might be all used up — if it ever existed.

“I don’t really believe the governor wants to, in good faith, get a contract,” Smiddy said. Instead, he said, the governor wants to wear the union down and accept “his way or the highway.”

Rep. Ron Sandack, R-Downers Grove, had a decidedly different take. 

Sandack said the governor has accurately assessed Illinois’ horrid financial condition and is doing what he can to at least make sure many have chances to increase their incomes.

Rauner, he said, is tasked “with trying to find some morsel of savings in this upside-down, discombobulated state world.”

Were Rauner bent on destroying the unions, he wouldn’t have three times agreed to tolling agreements intended to keep the two sides at the table and employees working without threat of strike or lockout, Sandack said.

“I guess you can continue to toe that really tired union line or you can say we have to work differently because resources are really exceptionally scarce, and we’ve got to figure out ways to do more with less,” Sandack said.

“Incentivizing people to go beyond (the minimum) has always been a tried and true way of getting people to do more and reward them accordingly, and I really don’t think that’s a bad thing,” he said.

A Madison County man is suing a steel company, alleging retaliation led to the loss of his job.

Marshall Curtis filed a lawsuit Dec. 18 in Madison County Circuit Court against Stein Steel Mill Services Inc., Alan Medford and Dennis Beasly.

According to the complaint, from July 2013 to Feb. 19, 2015, Curtis was employed at Stein, taking loads of steel waste from U.S. Steel to be weighed to determine its value. He alleges that his supervisors would tell him to input the improper grade of steel when weighing it to increase each load's value, the suit says.

On Feb. 7, 2015, the lawsuit states, the plaintiff informed Medford of his concerns with the fraud, but Medford allegedly dismissed them. Then on Feb. 11, after informing his supervisors of his concerns, Curtis claims he informed that U.S. Steel was prohibiting him from crossing its property to get to the job site at Stein, the complaint says. 

The suit alleges Stein gave U.S. Steel false information about Curtis so it would ban him from the property.  That same day, the plaintiff was suspended for 30 days. On Feb. 19, Curtis says he received a letter of termination from Stein Steel. 

The plaintiff alleges loss of income and loss of benefits, emotional distress, embarrassment and humiliation. 

Curtis seeks at least $50,000, all back wages and benefits, front pay and benefits, punitive and compensatory damages and other relief the court deems proper. He is represented by attorney Randall P. Steele of Steele Law Offices LLC of Glen Carbon.

Madison County Circuit Court case number 15-L-1638

An Illinois corporation is suing a Madison County restaurant, alleging an unpaid debt and breach of contract.

Fox River Foods Inc. filed a lawsuit Dec. 28 in Madison County Circuit Court against Orhan Celik, doing business as Frank's Restaurant and doing business as Harvest Restaurant.

According to the complaint, on March 25, 2009, and again on March 12, 2012, Fox River Foods and Frank's Restaurant entered into two contracts. The plaintiff agreed to supply goods to the defendant and the defendant agreed to pay the plaintiff for those goods, the suit says, and the amount for those goods totaled $78,200.

Fox River Foods alleges it has performed its obligations under the contract but the defendant still owes the outstanding total, plus an interest rate of 18 percent per year from June 6, 2013. 

The plaintiff seeks the money it is owed. It also seeks attorney fees, collection costs and court costs. It is represented by attorney Michael A. Kasperek of Vogler & Associates LLC in St. Louis.

Madison County Circuit Court case number 15-L-1682

An Illinois motorist is suing another driver, alleging the defendant caused a collision while attempting to make an illegal left-hand turn.

Mary Tenllado filed a lawsuit Dec. 22 in Madison County Circuit Court against Kathleen M. Biggs, alleging negligence.

According to the complaint, on Dec. 27, 2013, Tenallado was driving her vehicle westbound on Beltline Road in Collinsville and, at the same time, Biggs attempted to make a left turn onto Beltine Road eastbound. However, she allegedly drove her vehicle into the path of the plaintiff, and collided with Tenllado's vehicle, the suit says.

The lawsuit states as a result of the defendant's negligent acts or omissions, the plaintiff was seriously injured and was required to seek extensive medical treatment. She has spent and will continue to spend money on said treatment, expects to suffer pain and anguish and has seen her income reduced because she couldn't work, the suit says.

Tenllado seeks damages in excess of $50,000, losses and damages, court costs and any other relief the court finds just. She is represented by attorneys Peter M. Westhoff and Thomas P. Duggan of Duggan & Westhoff LLC in Imperial, Mo.

Madison County Circuit Court case number 15-L-1661

A Madison County woman is suing two dog owners, alleging she was attacked by an Akita that had been boarded at the kennel where she works.

Alexis P. Martinez filed the lawsuit Dec. 16 in Madison County Circuit Court against David Lowry and Barbara Lowry of Edwardsville, alleging strict liability, malicious and intentional injury and negligence.

According to the complaint, some time before Aug. 16, the defendants boarded their Akita at Cindy's Critter Camp Inc. in Maryville. Before then, the lawsuit says, the defendants knew the dog could be dangerous and failed to inform the kennel about its propensity to attack and bite people. In fact, there are at least two recorded cases of the dog's prior attacks involving a 16-year-old boy and a 37-year-old man, the suit says.

The plaintiff started working at the kennel in March 2014 as a general laborer, cleaning the kennels and feeding the animals that were boarded there. On Aug. 15, 2015, the lawsuit states, the Lowry dog suddenly attacked Martinez, biting her on the arm, hand and head. Another employee witnessed the attack, the suit says, and eventually got the dog to stand down.

The plaintiff alleges she sustained significant physical and mental injuries as well as permanent scarring. She says she sustained medical costs, psychological treatment costs, loss of income, general damages, pain and suffering and physical disfigurement, including scars on her face,  

Martinez seeks a jury trial, damages and other relief the court deems proper. She is represented by attorneys Larry E. Parres and Duane Coleman of Lewis Rice LLC in St. Louis.

Madison County Circuit Court case number 15-L-1633

An Illinois man is suing a railroad business, alleging age discrimination led to his termination.

Harrold G. Smithee filed the lawsuit Dec. 21 in Madison County Circuit Court against Terminal Railroad Association of St. Louis. 

According to the complaint, Smithee worked for Terminal Railroad from June 8, 1962, until he was allegedly unjustly terminated on Sept. 2, 2014. 

Beginning in 1990, Smithee claims he took a position as a railroad engineer, the suit says, and became eligible for retirement Dec. 24, 2002, when he reached the age of 60 and completed 30 years of service. 

Once Smithee became eligible to retire, the lawsuit says, the defendant's managerial employees began asking the plaintiff when he planned to retire. The suit also says the defendant has coerced other older employees to retire.

On Sept. 2, 2014, the defendant terminated the plaintiff's employment because of the plaintiff's age, the suit alleges. Further, the stated reason for the plaintiff's termination did not seem to apply to younger, similarly situated employees who were not terminated, the suit says.

Smithee seeks actual damages and relief necessary to make him whole, including back pay, lost wages, inconvenience, emotional upset, pain and suffering, court costs and attorney fees to total at least $50,000. He is represented by attorney Edward J. Szewczyk of Callis, Papa & Szewczyk PC of Granite City.

Madison County Circuit Court case number 15-L-1640

A state appellate panel has struck down an Illinois law providing tax exemptions to hospitals, saying lawmakers erred under the state constitution in believing hospitals should be able to avoid paying property taxes because they may provide enough benefits to their communities to offset the millions of dollars in tax revenue lost to cities, counties, school districts and other local property tax-collecting entities.

On Jan. 5, a three-justice panel of the Illinois Fourth District Appellate Court sided with the Illinois Department of Revenue and a collection of local taxing bodies in Champaign County and the city of Urbana, who disputed the ruling of a Champaign County judge that a state law enacted in 2012 rightfully protected the operators of Urbana’s Carle Foundation Hospital from paying local property taxes.

The opinion was authored by Justice Appleton, with justices Turner and Steigmann concurring.

The matter arose out of a long-running dispute between the Carle Foundation and the local and state taxing bodies over how much the company owes in property taxes on four parcels of land in Urbana on which the Carle Foundation operates its 393-bed hospital, a day care center and a power plant for the hospital and related buildings.

Before 2004, the properties weren’t taxed, under the presumption they were used for charitable purposes, and thus, exempt.

However, in 2004, Champaign County officials moved to assess taxes against the property at full market value. The Carle Foundation appealed that decision to local and state tax review bodies and, ultimately, to Champaign County Circuit Court. While the matter remained pending, the county continued to assess the property until 2011, a year before former Gov. Pat Quinn signed into law a bill passed by the General Assembly. A provision of that law, referred to in court documents as section 15-86, granted hospitals tax exempt status should they provide enough benefits to the community, generally in the form of low-cost health care services for low-income community residents, to offset the tax revenue the hospitals would otherwise owe.

In 2014, Champaign County Judge Charles McRae Leonhard ruled the 2012 law meant the Carle Foundation and other hospitals like it should be considered exempt from property taxes.

On the appeal from the Illinois Department of Revenue and Champaign County taxing bodies, the appellate justices said they believed the judge did not interpret the law correctly in light of the Illinois state constitution’s language governing the circumstances under which state lawmakers can dole out tax exemptions.

Justices noted lawmakers had intended for the law to clear up controversy over just how much charitable care hospitals had to provide to qualify as charitable organizations eligible for tax exemption under the state constitution. The law addressed the controversy by allowing hospitals to qualify for tax exempt status if the value of its “services that address the health care needs of low-income or underserved individuals or relieve the burden of government with regard to health care services” exceeds its estimated property tax liability in a given fiscal year.

However, justices said this standard falls short under the Illinois state constitution, which requires organizations to use their property primarily for “charitable purposes” to allow that property to be exempted from property taxes. Thus, the justices said, the law effectively grants hospitals, which may not qualify for tax exempt status otherwise, the ability to purchase a tax exemption.

“Not only does section 15-86 settle for something less than exclusive use of the property for charitable purposes; it does not require any charitable use of the property at all,” the justices wrote. “Under section 15-86, a hospital entity can obtain a charitable exemption simply by paying subsidies to community clinics, for example … or by paying subsidies to the state or local government.

“But article IX, section 6, of the constitution requires exclusive use of the property itself for charitable purposes. A property owner cannot buy a charitable exemption.”

The justices said this renders section 15-86 unconstitutional, and thus, it cannot be legally applied to the Urbana hospital case.

The case was remanded to Champaign County courts.

However, the matter may be ticketed for the Illinois Supreme Court, as Illinois hospitals and their trade associations believe the decision could restart the statewide uncertainty faced by health care organizations over just how much Illinois hospitals should pay in taxes.

“The Illinois Health and Hospital Association is disappointed with the Appellate Court ruling,” said the IHA, in a statement released by spokesman Danny Chun. “The bipartisan legislation enacted by the Illinois General Assembly in 2012 had ended a decade of uncertainty regarding the test for hospital property tax exemption. The law is clear, fair and reasonable.”

Chun said the IHA believes the appellate ruling “is not a final decision and has no immediate impact.”

Belleville law firm Mathis, Marifian & Richter announced that Beth K. Flowers has been named a shareholder and Barry D. Dix has joined the firm in an “of counsel” position effective Jan. 1.

Flowers joined MM&R as an associate in 2011 following a merger with Coffey & McCracken, where she had practiced since 2006. Flowers practices in the areas of probate and trust administration, estate planning, real estate law and business law. She has a background in providing legal counsel for a myriad of issues including death and disability, planning, probate administration, real estate matters and business entity formation. She is licensed in Illinois and Missouri and is admitted to practice before the Illinois and Missouri state courts.

Flowers is on the board and serves as secretary for both the Edwardsville Chapter of Faith in Action and the Land of Goshen Rotary. As an active member of the Rotary, Flowers participates in its community service project every year where dictionaries are delivered to every 3rd grader in District 7 and holiday food baskets to area families in need. She resides in Maryville with her husband and three daughters.

Dix, who joins the firm in an of counsel position, specializes his practice in estate planning and business law. 

He began his career with Kassly, Weihl & Bone in 1974 and continued with its successors in name until 1998 after which he practiced in his own firm. He has served as assistant city attorney for the City of Fairview Heights, special assistant attorney general of the State of Illinois, and as city attorney for the City of Waterloo.

Dix has been a frequent lecturer in continuing legal education programs and has authored and presented educational materials for the Illinois Institute for Legal Education. He has been active in the Illinois State Bar Association including service as president of the Federal Tax Section Council. 

Dix was born and raised in East St. Louis. He worked for the Pennsylvania and Conrail Railroads from 1966 through 1973 and graduated from East St. Louis Senior High School in 1967. 

His under-graduate education was at Washington University where he earned an A.B. Degree in 1971 with majors in political science and economics. He was awarded the J.D. Degree from Washington University School of Law in 1974 and was recognized on the Dean’s List and was twice awarded the American Jurisprudence Award for academic achievement. 

He later pursued post-graduate studies in the LL.M. in Taxation Program at Washington University School of Law. He was admitted to practice in Illinois and before the United States Tax Court in 1974.

In conjunction with Dix’s affiliation with the firm, he has moved into MM&R’s Belleville office to 23 Public Square, Suite 300.

A Madison County man alleges the driver of another vehicle was negligent in colliding with his vehicles in a crash that he says left him injured. 

Terry L. Downey filed the suit Dec. 15 in Madison County Circuit Court against Esther B. Knebel of Collinsville.

According to the complaint, Downey claims he was driving south along South University Drive in Edwardsville on Oct. 7, 2014. At the same time, the defendant was driving her vehicle east along the same road.

The defendant's vehicle collided with the plaintiff's as a result of her alleged failure to yield the right of way, failure to obey a stop sign and failure to decrease her speed, among other negligent acts, the suit states.

The suit alleges the defendant's negligence resulted in the plaintiff injuring his neck, shoulder and arm.  As a result, Downey alleges he needs to pay for future medical treatment and will experience lost wages because he cannot work as he used to.

The plaintiff seeks at least $50,000 plus court costs. He is represented by Matthew R. Chapman of Granite City.

Madison County Circuit Court case number 15-L-1620

Matthew Champlin, Michael Chessler, Carolyn Husmann, Matthew Noce, Benjamin Powell, Eric Rosser and Jill Sundberg have been elected partners of HeplerBroom LLC.

Champlin, Chessler, Powell and Rosser practice in the Edwardsville office. Husmann, Noce and Sundberg practice in the St. Louis office.

Champlin focuses his practice on complex litigation matters such as personal injury/wrongful death, public utilities, appeals, insurance, employment law, and trucking accidents and transportation litigation. He is licensed to practice law in Illinois and Missouri.

He is admitted to practice in the United States District Court of Appeals for the Eighth Circuit and the United States Court for the Southern District of Illinois. Champlin graduated from University of Missouri-Columbia School of Law, obtaining his J.D. in 2003.

Chessler focuses his practice on trial involving complex business litigation matters, including asbestos/toxic tort litigation. Chessler is licensed to practice law in Illinois and Missouri. He is admitted to practice in the United States District Court for the Southern District of Illinois. Chessler graduated from The John Marshall Law School, obtaining his J.D. in 1995.

Husmann focuses her practice on complex business litigation matters including toxic torts and product liability. Husmann is licensed to practice law in Illinois and Missouri. Husmann graduated from Saint Louis University School of Law, obtaining her J.D. in 2003.

Noce focuses his practice on trials involving general litigation matters including, personal injury, class actions, actions before the Public Service Commission, property damage and trucking transportation. Noce is licensed to practice law in Missouri and Illinois. He is admitted to practice in the United States District Court for the Eastern District of Missouri. Noce graduated from Saint Louis University School of Law, obtaining his J.D. in 2005.

Powell focuses his practice on a diverse range of complex litigation matters including, personal injury/wrongful death, product liability, insurance, trucking and transportation law, nursing home liability, municipal liability, spoliation liability and Jones Act and Maritime law. Powell is licensed to practice law in Illinois and Missouri. He is admitted to practice in the United States Court of Appeals for the Seventh Circuit, the United States District Court for the Southern District of Illinois and the United States District Court for the Northern District of Illinois. Powell graduated from the University of Missouri-Columbia School of Law, obtaining his J.D. in 2003.

Rosser focuses his practice on trials involving complex business litigation matters including toxic torts, product liability and personal injury. Rosser is licensed to practice law in Illinois and Missouri. He is admitted to practice in the United States District Court for the Southern District of Illinois and United States District Court for the Central District of Illinois. Rosser graduated from Northern Illinois University College of Law, obtaining his J.D. in 2003.

Sundberg focuses her practice on trials involving complex business litigation matters including class actions, toxic tort and insurance defense. Sundberg is licensed to practice law in Illinois and Missouri. She is admitted to practice in the United States District Court for the Southern District of Illinois. Sundberg graduated from Saint Louis University, obtaining her J.D. in 2002.

SPRINGFIELD — Talks between Gov. Rauner’s administration and the state’s largest public-sector employee union broke down Friday.

There are no talks scheduled for next week, and the American Federation of State, County and Municipal Employees Council 31 and the Rauner team are blaming each other for Friday’s events.

There’s also no agreement on whether the talks are at impasse, which AFSCME says the Rauner team declared.

Rauner’s staff says it did not make such a declaration, but it is studying the question.

On its own web page, AFSCME said the “governor’s representatives said they would refuse to participate in any further bargaining sessions and claimed that negotiations are at an impasse.”

“We are shocked that the Rauner administration would walk away and refuse to continue negotiations,” wrote Council 31 Executive Director Roberta Lynch. “The governor's rash action invites confrontation and chaos — it is not the path to a fair agreement.”

The Republican governor's staff says that’s not what happened.

Instead, Rauner’s office says AFSCME negotiators turned down the administration’s offers for additional meetings next week.

“In light of their answers today, we will now decide if the previously-agreed dispute resolution process should be considered,” the administration said in a statement.

But that’s not accurate either, argued AFSCME spokesman Anders Lindall.

“No bargaining dates were scheduled for next week,” he wrote on the Capitol Fax blog. “The administration asked very late if we could meet then but our committee was unavailable. Instead AFSCME offered to meet at any time in any of the following three weeks.”

So, it’s not clear just yet whether the two sides are at impasse or if either side is going to ask the Illinois Labor Relations Board to make such a determination, which would be necessary under an agreement between the union and the governor’s office.

A finding of impasse could trigger a direct confrontation between the Rauner administration and AFSCME and raise possibilities including an attempt by the state to impose new contract terms or, perhaps, even a lockout or strike.

AFSCME on Friday said it doesn’t believe the talks are at impasse.

“If they will not return to the table, our union will take legal action,” Lynch wrote. “It is a violation of state labor law for a party to declare impasse where none exists.”

Rauner’s team avoided the word “impasse” but indicated the administration is pondering its next move, including perhaps placing the impasse question before the Labor Relations Board.

“After a year of no meaningful progress, we must now evaluate the benefit of future sessions given AFSCME’s intransigence,” the administration said.

Negotiators for the two sides began meeting in January, shortly after Rauner was sworn in. AFSCME’s contract expired in June.

There’s no love lost between the two groups. AFSCME has said Rauner’s out to bust unions in Illinois, and Rauner has at times called AFSCME “AF-scammie.”

The two sides appear far apart on wages, insurance benefits, work rules and other items.

The Rauner administration points to its reaching deals with five Teamster units and a dozen trade union locals representing about 5,300 state workers as proof it’s not trying to bust anyone, but simply out to strike deals the the state can afford given its awful financial condition.

The administration says those contracts included merit pay, bonus pools, insurance options and cooperative agreements on areas such as cost-savings and heightened efforts to hire and promote minorities in state government.

AFSCME said the governor’s team isn’t comparing like organizations or responsibilities.

For instance, it says the 4,700 Teamsters who have settled have an independent health plan that members can rely on, whereas it and other large unions still at the table represent some 40,000 employees, most of whom don’t have such a health option.

Kyle McCarter is pretty certain he can win the U.S. House seat in the state's politically conservative 15th Congressional District.

In about two months we'll know for sure. Voters will go to the polls March 15 to nominate their political party candidates to go on to the November general election.

McCarter, a Republican state senator from Lebanon, is challenging one of the most formidable members of the Illinois GOP delegation - John Shimkus of Collinsville, first elected to Congress in 1996.

"I'm just as confident now as when I started this," McCarter said.

His confidence got a boost Wednesday when he was endorsed by the well-funded and influential Club for Growth PAC, which said that McCarter has a "proven track record as a principled fiscal conservative."

Club for Growth supports candidates for limited government and lower taxes. It typically gets involved in open seat races, but also will take sides in primary battles; most famously it endorsed Tea Party candidate David Brat who defeated House Majority Leader Eric Cantor in Virginia in 2014.

The upset spawned "#Cantored," a social media term describing the zeal that conservative Republicans have for defeating moderate Republicans.

"We exert maximum pressure on lawmakers to vote like free-market, limited government conservatives," Club for Growth says about itself. "And if they don’t, we hold them accountable by publicizing their voting record."

McCarter said that he is one of two GOP challenger candidates nationwide to get backing from the Club for Growth PAC, something he said will include financial support.

He also said that Club for Growth scrutinized his 14-year voting record; eight in the state senate and six as a St. Clair County Board member.

"They looked at every vote," he said. "If it stood out, I explained it."

The endorsement followed because "I really just line up with free market principles," he said.

"A lot of people say they are conservative and hope that it probably checks out," he said. "They checked on my record and my opponent's and there is a distinct contrast."

One of the recent votes Club for Growth criticized Shimkus for was his support of the omnibus spending bill last month, which it described as a "budget-busting spending deal negotiated by Obama and Paul Ryan."

“While Kyle McCarter would bring a fresh breath of fiscal conservatism to Washington, his opponent, John Shimkus, is the epitome of what’s wrong with Congress," said Club for Growth President David McIntosh.

The group further slammed Shimkus for breaking a 1996 pledge to limit the number of terms he would serve to six, or 12 years total.

"Shimkus was first elected nearly 20 years ago; that’s eight years longer than the term limits pledge he made in 1996," the group's press release states.

Shimkus has stated that it was a mistake for him to have made that pledge in 1996.

"It was a mistake at the time, and it is a mistake today," he told a Decatur newspaper in 2005. "Unless everyone plays by the same rules, it doesn't make sense."

While McCarter says internal polling conducted four weeks ago shows him in a "very favorable" position over Shimkus, the incumbent nonetheless benefits from widespread support across the 33-county district, from mayors to local GOP officials, which can be critical in influencing base voters.

In 2014, Shimkus defeated Democrat Eric Thorsland by a margin of 74.9 percent to 25.1 percent.

Shimkus also is likely to get endorsements from other conservative groups.

Last month, the Illinois Federation For Right to Life PAC threw its support his way. Shimkus says he has had a 100 percent voting record with the National Right to Life Committee for more than a decade.

Money is another factor that right now favors Shimkus.

Financial statements for the fourth quarter of 2015 have not yet been filed by Shimkus or McCarter with the Federal Elections Commission. They are due Jan. 15. 

But at the end of the third quarter, Shimkus had $1.2 million on hand; McCarter had not yet filed any financial reporting records with the FEC.

In the meantime, McCarter said he will be meeting voters in all 33 counties of the district over the next 30 days. The largest concentration of votes are in Vermillion and Madison counties - where close to 20 percent of the district's total come from.

McCarter said that people "have had enough" of 20 years of Shimkus service.

"The last thing people want is a career politician," he said.

He said that if elected, he would sponsor a term limit bill, and even without a bill would self term-limit himself to eight to 10 years.

"It's not supposed to be forever," he said.

The Founding Fathers intended that citizens set aside a period of time for public service, but not to make Congress a career, McCarter said.