Quantcast
Channel: Madison - St. Clair Record
Viewing all 22043 articles
Browse latest View live

Madison County asbestos trial ends in settlement with Crane Co.

$
0
0

According to attorneys with the Simmons Firm, a rare Madison County asbestos trial settled for an undisclosed amount Sunday night.

Jurors were dismissed Monday morning.

The trial ended after just one day of testimony in Associate Judge Stephen Stobbs’ courtroom. Opening statements began on Friday.

Crane Co., a company that supplied mechanical gaskets and valves, was the only remaining defendant at the time of trial.

The case was filed by the Simmons Firm, but attorney Troy Chandler of Chandler McNulty in Houston delivered opening statements for the plaintiffs.

Attorney Geoffrey Davis of K&L Gates in Las Angeles delivered opening statements for Crane Co. Jeff Hebrank of HeplerBroom in Edwardsville is acting as local counsel for the defense.

Plaintiffs Roy and Peggy Bale of Boise, Idaho, filed the complaint on March 6, 2015.

The original complaint states that Roy Bale developed mesothelioma as a result of asbestos exposure while working as a pipefitter at various locations, mostly in Idaho, from 1967 to 2007. However, parties said Bale was a pipefitter from 1968 until 2012 during Friday’s testimonies.

Roy Bale alleges he removed and replaced asbestos-containing gaskets and valves manufactured by Crane Co. hundreds of times throughout his career as a pipefitter.

In one brief filed on record, the plaintiff said he worked specifically with Crane gaskets from 1970 to 1988 in Boise, Idaho.

The plaintiff also alleges he removed asbestos-containing mud insulation from the body of Crane and Stockholm valves.

During opening statements, Davis argued that Crane Co. is not responsible for causing Roy Bale’s mesothelioma because it has not used asbestos in its products since 1953, which was more than a decade before the plaintiff began working with Crane products.

In a jurisdiction often referred to as the “nation’s asbestos docket,” Bale’s suit is the first asbestos case to go to trial in Madison County since February 2014, which resulted in a defense verdict in favor of Crane Co.

Madison County Circuit Court case number 15-L-303


Cook suit seeks judicial review of Elections Board decision in favor of judges

$
0
0

SPRINGFIELD – Dallas Cook, whose objection to the ballot status of St. Clair County judges failed at the Illinois election board, seeks court orders against the judges.

He petitioned the Sangamon County court for judicial review on Jan. 25, five days after the election board denied his objection by a vote of four to four.

“There is no process in the Illinois Constitution for a judge to succeed oneself by re-election,” wrote his lawyer, Aaron Weishaar of St. Louis.

Cook claims the Constitution requires chief judge John Baricevic, circuit judge Robert Haida and circuit judgeRobert LeChien to stand for retention.

They announced last year that instead of standing for retention, they would resign and run in the March 15 Democrat primary like new candidates.

Retention requires 60 percent, while election requires a simple majority.

Retention ballots don’t identify a judge’s party, while election ballots identify a judicial candidate’s party.

Cook’s court petition declares that Baricevic, Haida and LeChien would undermine the nonpartisan nature of the judiciary.

Weishaar wrote that nothing in the Constitution “gives a sitting judge the choice of deciding what percentage of the electorate he feels is necessary for him to stay in office.”

He wrote that each judge made his desire to remain in office a partisan issue, “attempting to win a self created vacancy by a simple majority rather than running on his own record.”

He also challenged a proxy vote that Casandra Watson, aChicago Democrat, cast for William McGuffage, also a Chicago Democrat.

“If a quorum is present at a meeting of the board, one of the members present may vote for the absent member pursuant to a written proxy signed by the absent member," Weishaar wrote.

“In violation of the procedure set out in statute, there was no written proxy signed by the absent member.

"No such proxy was presented at the hearing or otherwise made available to the petitioner.”

At the meeting, in Chicago, board members treated the proxy as a joke.

Chairman Charles Scholz, a Democrat from Quincy, voted as McGuffage’s proxy for the first case on the agenda.

Casandra Watson, a Democrat from Chicago, joined the meeting late by video from Springfield and said she had McGuffage’s proxy. 

Scholz said, “I thought I did,” and board members laughed. 

After the board heard Cook’s objections, four Republicans in the meeting voted for him and three in the meeting voted for the judges. 

Watson tied the vote with McGuffage’s proxy. 

Scholz then asked Watson to declare for the record that she would have cast McGuffage’s vote the way he did on the first case. 

Watson so declared.

Judge slaps restraining order on access to Topinka campaign money amid lawsuit by late comptroller's son

$
0
0

CHICAGO - The campaign funds of the late Judy Baar Topinka are now formally frozen, thanks to an order issued Jan. 22 in Cook County Circuit Court.

Cook County Judge Anna Helen Demacopolous granted a temporary restraining order to Topinka’s son, Joseph Baar Topinka, which he’d requested as part of his complaint against Nancy Kimme and Bradley A. Burnett, the chairwoman and treasurer, respectively, of Citizens For Judy Baar Topinka.

Joseph Baar Topinka is the executor of the estate for his mother, the late Illinois comptroller, longtime treasurer and one-time gubernatorial candidate. Judy Baar Topinka died Dec. 10, 2014. On Dec. 29, 2015, her son filed a four-count lawsuit in Cook County court alleging improprieties in the campaign fund, seeking judicial oversight of the fund and asking for transfers from the fund in accordance with Illinois law.

The Demacopolous order stipulated no money in the organization’s accounts be spent outside of the fund’s legal defense in this matter. Topinka herself founded the committee in 1979, before being elected to the Illinois General Assembly. She served from 1980 to 1984 in the state House and from 1984 to 1994 in the state Senate. She served as Illinois treasurer from 1994 to 2007.

A few weeks after Judy Baar Topinka died, according to her son, the fund balance was about $993,834, with no more work to be done or paid for after her death. Joseph Topinka alleged Kimme paid herself $25,000 from the fund for personal expenses on Jan. 10. He alleged Kimme on Aug 7 also endorsed a check for $63,807.22 from the fund made out to cash, with that money also allegedly used for personal expenses such as “loans, debts, clothing, club memberships, travel expenses or other prohibited actions.”

Such disbursals, Topinka argued, violated the Illinois Election Code and State Gift Ban Act. Topinka noted Burnett approved the payments and, as campaign treasurer, retained authority and control over the committee’s money.

Kimme has publicly denied the allegations. According to a report published by the Springfield Journal Register, Kimme said the disbursements from the fund cited by the Topinka lawsuit involved paying herself and other campaign staffers for work dating back to 2014, and involved moving funds from one bank to another bank said to be the depository for the Topinka campaign fund's main bank account.

Joseph Topinka said he intends to use the money to “promote the educational endeavors of Illinois youth and to use money in this fund to build a living memorial to my mother and her career by helping young people become active in public affairs in a manner reflecting the joyful exuberance of mom’s irrepressible spirit toward Illinois and its citizens.”

“It is more than a year since Mom’s death and the start of the conversations between myself and the former staffers on the campaign committee,” Joseph Topinka said in a statement distributed when he filed the complaint. “At no time over these 12 months have any of the conversations been satisfactory.”

The judge’s order gave the defendants until Feb. 12 to plead, after which Topinka will have until Feb. 26 to respond. The defendants must reply by March 11. The next hearing is set for March 15.

Attorney Anthony Peraica, who as Cook County Commissioner nominated Judy Baar Topinka to the board of the Regional Transportation Authority, filed the suit on Topinka’s behalf.

The defendants are represented in the action by the Del Galdo Law Group, of Berwyn.

Analysis: Metro East taxpayers fund Chicago Public Schools

$
0
0

Chicago Mayor Rahm Emanuel is calling on Illinois’ downstate and suburban taxpayers to bail out its financially beleaguered public school district. Yet an analysis of Illinois State Board of Education (ISBE) data shows Metro East property taxpayers are already subsidizing a Chicago school system that spends considerably more than their own.

Chicago spent $15,120 per student in 2014, or more than 36 of 38 school districts in Madison and St. Clair counties. And more than half of that money -- $7,560 (51 percent) -- came from state and federal subsidies.

Chicago property taxpayers currently pay for just 49 percent of Chicago’s public school spending.

Roxana District 1 spent $11,940 per student in 2014. Local taxpayers covered 84 percent of the bill, or $10,940.

Central School District 104 in O’Fallon and Pontiac-West Holliday District 105 in Fairview Heights each covered 80 percent of their own public school bill.

East Alton-Wood River District 14 spent $14,327 per student, according to the ISBE; 73 percent came from local taxpayers.

Belleville Township District 201 spent $11,574 per student; local taxpayers paid 69 percent of the total.

Edwardsville District 7 covered 78 percent -- and spent only $9,064 per-pupil. State funding to District 7 amounted to $1,523 per student.

Chicago received $5,141 per-student from the state in 2014.

Emanuel and Illinois House Speaker Michael Madigan (D-Chicago) are asking for another $1,250 per student, for a total of nearly $6,500 from the state. They have sought to justify the bailout, decrying the city’s school funding levels as “unfair” and “inequitable.”

Metro East School Districts Ranked by % Locally Funded

 District  Community % Local Funding Per Pupil Spending
 1 Roxana 1
 Roxana 84.1%  $11,940
 2 Pontiac-West Holliday 105
 Fairview Heights 80.1% $11,243
 3 Wolf Branch 113
 Swansea 80.0% $8,673 
 4 Central 104            
 O’Fallon  80.0% $9,750
 5 Edwardsville 7            
 Edwardsville 78.3% $9,064
 6 Millstadt 160            
 Millstadt 76.5% $9,363
 7 Freeburg 70            
 Freeburg 74.4% $7,669
 8 East Alton-Wood River 14
 East Alton 72.6%  $14,327
 9 Smithton 130          
 Smithton 69.0%   $8,117
 10 Belleville Twp. 201      
 Belleville 68.6% $11,574
 11 New Athens 60          
 New Athens 68.3% $9,384
 12 O’Fallon 90            
 O’Fallon 68.2% $8,316
 13 Harmony Emge 175          
 Belleville  66.1%  $10,227
 14 Lebanon 9          
 Lebanon 65.7%  $10,753
 15 Highland 5            
 Highland 65.1% $8,888
 16 Triad 2                
 Troy 64.1%  $8,698
 17 Whiteside 115            
 Belleville 63.0% $7,933
 18 Grant 110          
 Fairview Heights 62.5%  $10,173
 19 Shiloh Village 85            
 Shiloh 59.6% $8,520
 20 Wood River-Hartford 15        
  Wood River 56.6% $8,798
 21 Venice 3              
 Venice 54.8% $20,503
 22 Alton 11              
 Alton 54.0%  $10,981
 23 Collinsville 10            
 Collinsville 53.2% $9,881
 24 Signal Hill 181        
 Signal Hill 49.5%
 $9,605
 25 Belle Valley 119          
 Belleville 49.3% $9,669
 26 Chicago            
 Chicago 49.0% $15,120
 27 High Mount 116        
 Swansea 47.7% $8,955
 28 Granite City 9            
 Granite City 47.2% $10,287
 29 Belleville 118            
 Belleville 45.1% $10,284
 30 Marissa 40            
 Marissa 43.5% $10,036
 31 Bethalto 8            
 Bethalto 43.5% $9,943
 32 East Alton 13            
  East Alton 39.0% $9,659
 33 Dupo 196              
 Dupo 38.9% $8,846
 34 St. Libory 39            
 St. Libory 38.5% $7,092
 35 Mascoutah 19            
 Mascoutah 37.4% $10,209
 36 Brooklyn 188            
 Brooklyn 33.6% $15,270
 37 Madison 12            
 Madison 26.5% $13,117
 38 Cahokia 187            
 Cahokia 19.5% $14,722
 39 East St. Louis 189          
 East St. Louis 14.6% $13,198

Woman's heels and beer consumption central to testimony in rock climbing wall personal injury case

$
0
0

A pair of woman's dark brown shoes with two and a half inch chunk heels was on display at a personal injury trial that got under way this afternoon in St. Clair County.

Jurors must decide whether owners of The Edge in Belleville are responsible for the knee, leg and foot injuries suffered by the woman who wore those shoes while using a motorized rock-climbing simulator called the Fun Rock nearly 10 years ago.

April Kassebaum of Columbia claims she has incurred $73,932.62 so far in medical expenses that includes treatment of a broken knee cap and four surgeries. The incident happened at around midnight on March 18, 2006, while she was attending a birthday celebration.

The Edge is a family gaming facility offering arcades, movie theater, miniature golf, laser tag and other interactive gaming. It also offers bar and restaurant service. 

One of the issues in dispute is how much beer Kassebaum had consumed before she lost her footing and jumped off the machine from three feet onto a four-inch mat below.

Kassebaum's attorney Patrick Foley of Belleville said during opening arguments that she had a few beers before arriving at the The Edge and a few beers while she was there.

Foley said that evidence will show that defendant Dahm and Schell, doing business as The Edge, breached its duty to provide instructions in how to use the equipment as well as in having proper supervision of patrons.

When his client chose the shoes she wore before leaving home that day, she never thought she would be going rock climbing, Foley said.

'You're not going to hear April deny that...maybe if she had different shoes things might have been different," Foley said.

The rock climbing equipment in question is 11 feet, four inches high, by eight feet wide, and generally is used by two people competing against one another, according to statements at trial today. It operates as a large vertical conveyor belt with hand and footholds for climbing. As the user climbs, the conveyor rotates toward the user and the whole unit tilts at various angles in order to simulate the contours of a real mountain face.

Foley claims that instructions for using it, which included warnings about wearing appropriate shoes, were not prominently displayed.

He said that the defendant knew the risks of using the equipment, but that his client did not.

He told jurors that manager logs kept by the business to track "everything" that occurred on a regular basis between 2002-2007 were no longer available.

"They cannot be found," he said.

Foley also said that jurors would not be able to look at the piece of equipment in question because the defendant "destroyed" the evidence, when the business sold the Fun Rock for scrap for $300 in 2007.

Kassebaum's injury occurred close to midnight while she was using the Fun Rock with a friend.

According to testimony from plaintiff's witness Angel Tanase, Kassebaum's sister, the two had arrived at The Edge at around 10:30 p.m., having previously been at a St. Louis bowling alley for three hours.

Tanase said that she was acting as the designated driver that night.

Under cross examination by defense attorney John Cunningham of Belleville, Tanase was asked about how many beers in total Kasssebaum had consumed before she was on the rock climbing machine.

Tanase said Kassebaum had consumed two, or possibly three beers at the bowling alley, and two or three beers at The Edge. She also answered that Kassebaum was "tipsy."

When asked by Cunningham whether Kassebaum had continued drinking a beer after she had fallen, Tanase said she did not remember.

Cunningham pointed to Tanase's deposition testimony in which she answered, "I believe so."

During his opening statements, Cunningham said the Fun Rock machine, which was purchased in 2001, was sold almost two years after the injury took place and more than a year after the lawsuit was filed because the business wanted to replace it with something else.

"You know how many incidents there were in that time?" Cunningham said. "None. All the uses and all those years and not one."

He said that Kassebaum did not report the incident to management, and that his client did not know about the incident until three months later when a lawyer contacted the business. He said that at that point, surveillance tape had already been taped over.

Cunningham also disputed the importance of the manager's logs, saying they would not have contained information relating to incidents such as an injury. He said the logs went missing during an office reorganization.

After Kassebaum's fall, she was carried to Tanase's vehicle because she could not put pressure on her left leg, according to testimony. Tanase drove Kassebaum to St. Elizabeth's Hospital.

Foley said his client was hospitalized from March 19 through March 24.

He said she is a candidate for a full knee replacement in the future, but she will want to wait until she is older because replacements tend to wear down.

Associate Judge Randall Kelley presides.

Testimony will resume at 9 a.m. Tuesday.

Dems, GOP to talk school aid, pensions? Cullerton puts school reform out front, says pension deal near

$
0
0

SPRINGFIELD — State Senate President John Cullerton, D-Chicago, dropped two big pieces of news Monday:

-- Cullerton wants a rewrite of the state’s school funding formula, and he’s linking it directly with talks about the overall state budget.

-- He and Gov. Bruce Rauner, R-Winnetka, are back on the same page regarding a pension reform bill.

Cullerton, D-Chicago, argues the state’s two-decade-old school funding formula doesn’t adequately address student need and therefore rewards prosperous school districts while penalizing those with higher levels of poverty.

Speaking at the City Club of Chicago, the Senate president called the school funding formula “most inequitable system of school finance in the country” and “the defining crisis of our times.”

And Cullerton made it clear it’s a big issue for him: “The governor has linked things together. We don’t have a (fiscal year 2016) budget because he’s got his Turnaround Agenda. So, I can link things together, too. This is a turnaround agenda. We’ve got to change the school funding formula.”

Cullerton argued a fair rewrite of the funding formula would ultimately benefit Chicago but would not be giving it special treatment.

He said Chicago would be getting funding proportionate with its high percentage of low-income students in the same fashion as other challenged districts, such as East St. Louis or East Aurora.

And, he said, a single formula must give Chicago pension parity. That is, the state would pick up the same share of pension costs as it does for downstate districts.

Chicago, however, would lose block grants that it now qualifies for, Cullerton said.

“It’s not a special deal for Chicago; we’re eliminating the special deals,” he said.

“The amount of money we are talking about shifting is about $400 million into the poorer school districts out of about $8 billion,” he said. “It can be done in a fair way.”

The governor’s press office declined to comment on Cullerton’s remarks, but the GOP’s legislative leaders did offer emailed statements.

“Senate President Cullerton’s remarks today will strike fear in the hearts of families and schools across the state. He’s threatening the opening of schools next fall,” said Senate Republican Leader Christine Radogno of Lemont.

“The Democrat majority-controlled state government for more than ten years and ignored school funding reform — other than to create special deals for Chicago Public Schools,” she said. “The most recent proposal again advantaged Chicago at the expense of suburban school districts.”

Radogno said Senate Republicans “are willing to tackle school funding reform — but it’s not the only place in Illinois ripe for reform. We need to work together for school reform and the structural reforms that will help all of Illinois.”

Rep. Jim Durkin of Western Springs, leader of the House Republicans said, “As a suburban legislator, I remain open to working with the Democrats to fix our archaic school funding formula.”

“At the same time, I hope this means Democratic leadership is now ready to work with us on other structural reforms to put Illinoisans back to work and to bring the budget impasse to a close,” Durkin said.

House Speaker Michael Madigan’s spokesman did not a return phone message seeking comment.

Illinois is in the seventh month of fiscal year 2016 without a budget.

Rauner complains Democrats sent him a spending plan $4 billion heavier in spending than estimated revenue.

Democrats complain Rauner and the GOP have been unwilling to work with them on a plan until the governor gets movement on his own agenda items, which Democrats do not consider directly related to the annual budget.

Meanwhile, the state is said to be spending on 90 percent of its annual obligations as it funds primary and secondary education and meets expenses incurred by way of debt service, continuing appropriations and court decrees.

That spending — which does not include higher education nor many human services — is said to be running at a clip that would put Illinois as much as $6 billion in the red for fiscal 2016 if nothing changes.

Pension deal?

Speaking to reporters after his speech, Cullerton said he and Rauner had spoken Monday morning and smoothed out their differences on pension reform legislation, and that bill is now being drafted.

“I think we have an agreement,” Cullerton said. “There are some tweaks to be made by the lawyers, and then the question’s going to be, ‘How do we pass it?’”

“All these pension bills in the past that have passed have been very bipartisan and controversial, so we expect that the unions will probably not be supportive. So, that will make it more difficult to pass, but we’re going to be on the same page,” Cullerton said.

The plan reportedly focuses on giving state employees a choice. For instance, an employee who wants to keep the 3 percent, compounded cost-of-living raises payable in retirement would have to accept a lower pensionable salary. On the other hand, the employee could take the higher salary while working but get smaller cost-of-living raises while in retirement.

Backers of the Cullerton plan say it could save Illinois — which has unfunded pension liabilities of more than $111 billion — about $1 billion annually.

However, even supporters acknowledge such a plan likely would face a court challenge if passed.

The Illinois Supreme Court last year threw out a 2013 pension reform effort, saying it violated the pension protection clause of the state constitution that says membership in a public pension system is a contractual relationship, “the benefits of which shall not be diminished or impaired.”

Cullerton said he doesn’t expect opposition to the plan from Speaker Madigan, D- Chicago, who he described as “not reluctant to take on pension reform.”

“The problem is going to be many of our members are probably going to say, ‘Well, that’s OK; that’s pension reform. But what about the rest of the budget? What about all the other issues?’”

Cullerton said the pension bill he and Rauner are working on does not include diminishment of collective bargaining for state employees.

“That’s not part of the deal,” the Senate president said.

Tree damage calls into question legal ownership of Belleville property

$
0
0

A St. Clair County business is suing a bank over a dispute concerning ownership of real property the plaintiff purchased but was damaged by a tree before the legal closing.

New Era Ventures LLC filed the lawsuit Jan. 4 in St. Clair County Circuit Court against Providence Bank, alleging breach of contract and fraud. The defendant is the successor to Community First Bank by way of a merger that was effective July 1, the suit says.

According to the complaint, on June 15, New Era Ventures entered into a sales contract with the defendant for the purchase of 15 properties in St. Clair County. One of those properties is at 16 Concord Drive in Belleville. At the time the contract was signed, the suit says, the plaintiff was not aware the defendant was not the title owner of the properties. 

The parties closed the deal June 30. Between the time the contract was signed and the closing, a tree fell and struck the property at 16 Concord Drive, the suit says. As a result, the plaintiff claims the house will need to be completely rebuilt.

The suit alleges the tree fell June 24, the same day that the defendant acquired title to the property. The plaintiff claims the defendant knew the tree had fallen but did not inform New Era. 

After the closing, the defendant allegedly advised the plaintiff that there was no casualty insurance coverage on the property. Still, New Era says it fulfilled its obligations under the contract by paying the entire purchase price to the defendant. 

New Era Ventures says had it known a tree had fallen on the property, it would not have signed the contract. The suit says the defendant failed to deliver to the plaintiff the property in question in the same condition it was on the date of the contract. The plaintiff has asked Providence Bank to compensate it for the damage to the property, but the defendant refused.

The suit also alleges the defendant knew it was not the owner of the properties at the time the contract was signed and it led the plaintiff to believe the property in question was insured.

New Era Ventures seeks at least $50,000 for each count, as well as attorney fees, court costs and other relief the court deems proper. It is represented by attorney Sandra J. Tatoian of Mathis, Marifian & Richter Ltd. of Edwardsville.

St. Clair County Circuit Court case number 16-L-4

Pedestrian alleges motorist struck him and fled the scene

$
0
0

A pedestrian is suing a motorist over injuries the plaintiff says he sustained in an automobile accident.

Bernard Perry filed the lawsuit on Jan. 12 in Madison County Circuit Court against Earl Hibbs.

According to the complaint, on May 25, Hibbs was driving his vehicle in the eastbound turning lane of southbound Washington Avenue, near the intersection with Brown Street in Alton. At the same time, the suit says, Perry and some friends were crossing the roadway in front of the vehicle driven by the defendant. 

The lawsuit states the defendant's vehicle struck the plaintiff as he was walking in the crosswalk, knocking him to the ground. The suit further alleges the defendant left the scene and was located a few hours later by the police. 

The suit alleges Hibbs failed to yield to a pedestrian in a public crosswalk, failed to keep proper lookout for a pedestrian, failed to keep his automobile under proper control, failed to stop in time to avoid a collision with the plaintiff, failed to reduce speed and drove too fast for conditions. 

The plaintiff says he suffered Injuries to his knees, legs and other areas of his body. He alleges he will continue to suffer pain and mental anguish, disability and loss of a normal life. He also has lost wages and had medical expenses to care for his injuries, the suit says.

Perry seeks at least $50,000, plus court costs. He is represented by attorneys Michael P. Glisson and Gregory S. Motil of Williamson, Webster, Falb & Glisson of Alton.

Madison County Circuit Court case number 16-L-36


Educator alleges Southern Illinois University guilty of discrimination

$
0
0

BENTON – A female educator of Palestinian descent is suing Southern Illinois University, alleging discrimination in her attempt to secure a job.

Sandra Tamari filed a lawsuit Jan. 20 in U.S. District Court for the Southern District of Illinois against the Southern Illinois University Board of Trustees and Southern Illinois University at Edwardsville, alleging discrimination.

According to the complaint, Tamari, who considered herself highly qualified, applied for the position of assistant director of graduate and international recruitment in early 2013 at SIU-Edwardsville. An American who is bilingual, the plaintiff is of Palestinian descent, and the lawsuit alleges that Arab-speaking students have been met with frequent hostility by some members of the university community.

Despite her qualifications, the suit says, Tamari was denied an opportunity to interview on campus for the open position. The suit further alleges a person who was unqualified for the position was invited to interview on campus. Tamari says this is a result of unlawful discrimination on account of her national origin.

The plaintiff filed a complaint with the university's Office of Institutional Compliance, which the lawsuit alleges the office purported to investigate but did not. In fact, the suit says, an OIC investigator said it is indeed lawful for the university to discriminate in employment decisions based on national origin.

As a result of her reporting and resisting unlawful discrimination against herself and others, the suit says, Tamari has been subjected to ongoing retaliation. Because of the discrimination and retaliation, the plaintiff says she has experienced damages, loss of opportunities for professional advancement and emotional distress, humiliation and embarrassment. Further, she has incurred attorney fees and court costs, the suit says.

Tamari seeks a ruling that the university can no longer engage in unlawful discrimination based on national origin, the awarding of compensatory damages and damages related to lost wages and benefits, and other relief the court deems fair. She is represented by attorneys Lee W. Barron and William D. Buchanan of Alton.

U.S. District Court for the Southern District of Illinois case number 16-cv-00063

Couple alleges collection agency violated law following bankruptcy

$
0
0

BENTON — An Illinois man is suing a Texas-based debt collector, claiming that his bankruptcy filing should have stayed any attempts to collect for a car loan.

Charles A. Fernandes Jr. filed suit Jan. 19 in U.S. District Court for the Southern District of Illinois against JC Christensen & Associates Inc., alleging violations of the Fair Debt Collection Practices Act.

In October 2005, the suit says, the plaintiff obtained a loan from Wells Fargo so he could purchase a vehicle. The loan was subsequently transferred to another company, Santander, the suit alleges. Fernandes later defaulted on the loan, according to the lawsuit.

On Sept. 15, 2014, the plaintiff and his wife, Jodi, filed a joint Chapter 13 bankruptcy petition in U.S. Bankruptcy Court, invoking the automatic stay protections, the lawsuit alleges. However, after Santander was informed about the bankruptcy, the defendant began efforts at collection. The defendant sent the plaintiff a letter demanding payment of more than $15,000 in reference to the car debt, according to the lawsuit.
 
Furthermore, the suit says, on at least three occasions, the defendant contacted the plaintiff's spouse on her cell phone, demanding payment of the debt. Fernandes was "unduly inconvenienced and harassed" as a result of the attempts to collect the debt, he alleges.

The suit accuses the defendant of violating the Fair Debt Collection Practices Act, and asserts that the bankruptcy filing created an automatic stay that made the debt uncollectable at that time.

The plaintiff seeks a trial by jury, a declaration by the court that the practices of the defendant are unlawful and violate the statute, an award of $1,000 in statutory damages, an award of actual damages in an amount to be determined at trial, and court costs and attorney fees. He is represented by Penelope N. Bach of Sulaiman Law Group Ltd. of Oak Brook.

U.S. District Court for the Southern District of Illinois case number 16-cv-00061

Man alleges injuries after falling in hole near railroad

$
0
0

BENTON — An Illinois man is suing his former employer and a property owner, claiming he suffered permanent injuries when he fell into a hole while working as a railroad conductor.

Patrick Houser filed the suit Jan. 8 in U.S. District Court for the Southern District of Illinois against road-building company CCI Properties LLC and Illinois Central Railroad Company, for which he worked as a conductor.

On Feb. 11, 2014, Houser was engaged in his job of transporting rail cars for the railroad at CCI's Effingham facility when he allegedly fell into a hole on the property, the lawsuit alleges.

He claims his injuries are the result of negligence on the part of the defendants, including failure to furnish the plaintiff with a safe place to work; failure to inspect the track, roadbed and work surfaces for holes and debris; failure to warn the plaintiff that a hole existed near the train tracks; and failure to inspect the track and roadbed following floods, severe storms and washouts, according to Houser's lawsuit.

The lawsuit alleges the plaintiff suffered severe and permanent injuries that have led to pain, lost wages and an impairment of his future earning capacity. He has ongoing medical expenses and sustained an aggravation of a pre-existing condition, the suit alleges.

The plaintiff seeks at least $75,000 against both defendants plus court costs, pre-judgment interest and a trial by jury. He is represented by Robert P. Marcus of Kujawski Marcus LLC of O'Fallon.

U.S. District Court for the Southern District of Illinois case number 16-cv-0024

Two drivers, trucking firm sued over crash involving minor

$
0
0

BENTON — A Kansas woman and her daughter are suing over injuries the minor child allegedly received when two vehicles collided with the vehicle in which the child was a passenger.

Macey Strutt, a minor, by and through her mother and next friend, Diana Strutt, filed the suit Jan. 8 in U.S. District Court for the Southern District of Illinois against Renda West, Ventsislav Kramolinski and IMG Trucking Inc.

The suit alleges that Kentucky resident West, driving her own vehicle, and Illinois resident Kramolinski, driving for his employer, Illinois company IMG Trucking, were negligent.

On July 10, 2014, the minor plaintiff was on a school-sponsored trip and was a passenger in a vehicle with her teacher, another adult and five other students, the suit says. They were traveling northbound on Interstate 57 from Nashville, Tenn., back to their home state of Kansas.

According to the lawsuit, West and Kramolinski were negligent by failing to pay attention, driving at a speed unsafe for existing conditions, failing to take evasive and corrective maneuvers and failing to keep their vehicles under control.

As a result, the lawsuit claims, both vehicles collided with the vehicle in which the minor plaintiff was riding. She allegedly suffered significant injuries, has incurred and will incur medical expenses, scarring, pain, suffering and loss of enjoyment of life.

In addition to a trial by jury, the plaintiffs seek a judgment against the defendants for at least $75,000 plus court costs. The plaintiffs are represented by Melinda G. Young of Bretz & Young LLC of Hutchinson, Kansas.

U.S. District Court for the Southern District of Illinois case number 16-cv-00026

Woman's lawsuit alleges pattern of sexual harassment in City of East St. Louis

$
0
0

BENTON—An Illinois woman is suing over alleged sexual harassment by the former East St. Louis assistant police chief. 

Terryana Richardson filed the suit on Jan. 20 in U.S. District Court of the Southern District of Illinois against Ronald Ike, individually, and the City of East St. Louis.

In January 2015, the plaintiff filed complaints against the defendants with the Illinois Department of Human Rights alleging sexual discrimination and sexual harassment. On Oct. 23, she received notices of substantial evidence and right to sue letters from the Illinois Department of Human Rights.

The plaintiff claims she has worked for the city since she was 17. On Aug. 25, 2014, she was transferred to the East St. Louis Police Department to work as an intern. She began working there the next day. A few hours into her first day, Ike, who was then the assistant police chief for the city, requested that the plaintiff be allowed to work for him.

As soon as Richardson got into the defendant's office, the suit alleges, the defendant began discussing issues of a sexual nature with the plaintiff. At one point he left the office, and when he came back he said he had expected to find her naked when he returned, the suit says.

Another alleged incident on that same day involved the defendant rubbing his genitals against her arm and sitting on the edge of her desk, blocking her access to the door. She feared an imminent sexual attack, the suit says. After lunch, she confirmed with her supervisor that she would have to work with the defendant in the afternoon, at which point she fled to her mother's home.

Ultimately the plaintiff was reassigned to another worksite.

Subsequent to several meetings, the plaintiff discovered that many rumors about her allegedly had been spread, among them that she had loose morals and that she was only interested in the defendant's money. She also  heard that she would be hurt if she pursued her claims against Ike, the suit alleges.

Richardson filed a complaint on Oct. 5. Shortly thereafter, the suit alleges, two masked men kicked down the door of her parents' home and shot a shotgun into the ceiling of the home.

The city is included in the suit because it allegedly has a practice of discovering but failing to remedy ongoing sexual misconduct involving its employees, the suit states.

In addition to a jury trial, the plaintiff seeks a judgment in her favor against the defendants, compensatory damages and attorney fees. She also is asking for punitive damages against Ike in his individual capacity, pre- and post-judgment interest, and other relief as may be just and proper.

She is represented by Thomas E. Kennedy III of the Law Offices of Thomas E. Kennedy III LC of St. Louis.

U.S. District Court of the Southern District of Illinois case number 16-cv-00065

Man alleges Papa John's illegally taxes pizza delivery fee

$
0
0

A Madison County man is seeking class-action status for his lawsuit over the taxing of fees imposed upon pizza delivery charges by Papa John's.

Zachary Tucker, individually and on behalf of all others similarly situated, filed the suit on Jan. 13 in Madison County Circuit Court against Papa John's International Inc. and Papa John's USA Inc.

Papa John's allows customers to pick up their pizza at one of its stores or have it delivered. The delivery includes a fee listed separately on the receipt. Tucker alleges Papa John is collecting taxes on this fee, which is against the law in Illinois since businesses are not allowed to tax delivery fees if the cost of delivery is equal to or exceeds the delivery fee. 

As a result, the suit says, every customer who has ordered food for delivery from any Papa John's location in Illinois has paid excess sales tax that the defendants and their franchisees were not entitled to collect.

The plaintiff brings this suit because he says he was illegally charged 6.85 percent, or an additional 16 cents tax, for the non-taxable delivery service. He seeks class action for any person or entity in the state that ordered Papa John's food for delivery and was charged sales tax on said delivery fee.

The suit alleges negligence, negligent misrepresentation, breach of contract/breach of duty of good faith and fair dealing, violation of the Illinois Consumer Fraud Act and violation of the Uniform Deceptive Trade Practices Act.

In addition to a jury trial and the certification of a class action, among the plaintiff's relief sought are: an order preventing defendants from charging the sales tax on delivery fees, damages, restitution of all monies paid in connection with the wrongfully charged sales tax, attorney fees and court costs.

Tucker is represented by Francis J. Flynn Jr. and Tiffany M. Yiatras of Carey, Danis & Lowe of St. Louis; and Alan Wagner and Jason Whittemore of Wagner McLaughlin P.A. in Tampa, Florida.

Madison County Circuit Court case number 16-L-49

New report on education funding shows 89 cents of every new dollar for education goes to pensions – not classrooms

$
0
0

To the Editor:

On Jan. 25, Illinois Senate President John Cullerton proposed an overhaul to the way Illinois funds its public schools. While Cullerton and other lawmakers called for a change to the state’s complex school-funding formula, a new report issued yesterday illustrates that such efforts may be fruitless until Illinois reforms its public pension system.

Calls for more education funding are frequent in Illinois – but when more money is sent education’s way, almost none of it reaches the classroom. According to a report released this afternoon by the nonpartisan Illinois Policy Institute, 89 cents of every new dollar allocated for education since 2009 has gone straight to the pension system. This means less than 11 cents out of every new dollar for education ever reaches the classroom.

“Illinoisans constantly hear that putting more money into schools will make everything about our public education system better. In the past five years, education funding has skyrocketed, but almost none of that money reached classrooms; instead, this money went to pay for out-of-control teacher pension costs,” said Ted Dabrowski, vice president of policy at the Illinois Policy Institute. “Illinois’ pension crisis is bankrupting the state and draining money that should be going to fund schools and help students.”

This fiscal year, Illinois government will spend about $10.3 billion on public education. Education funding in Illinois has increased by 30 percent over the past five years, according to the new report, “Pensions vs. schools.”

“Illinois absolutely needs to improve how it funds schools, but simply putting more money in a failed system will not solve the problem. Reforming the biggest problem for education funding – teacher pension costs – is the only way that Illinois schools will be able to get the resources they need,” Dabrowski said. “Illinois cannot afford any more politicians who recognize the financial problems of the state but respond with an answer of simply more spending. Illinois students deserve well-funded schools that prepare them for life, and Illinois taxpayers deserve a high-quality school system they can afford.”

Key data on Illinois’ education system include:

- In 2015, Illinois spent $10.3 billion on education funding. That equals $14,630 per student, which is up from $9,560 in 2004, a 53 percent increase.
- Education spending has increased by 30 percent in Illinois since 2009.
- Since 2009, the data show that 89 cents out of every new dollar for education spending has gone to pay for teacher retirement costs.

The pension fund for K-12 public school teachers in Illinois has only 40 cents for every $1 in promised benefits.

Diana Rickert
Illinois Policy Institute

HeplerBroom attorneys named 2016 Super Lawyers and Rising Stars

$
0
0

Several HeplerBroom attorneys were selected as Illinois Super Lawyers and Rising Stars for 2016.

The list is included in the Super Lawyers magazine published by Minneapolis-based Law & Politics.

To be selected for the lists, Law & Politics considers peer nominations, evaluations and third-party research. The candidates are evaluated on 12 indicators of peer recognition and professional achievement.

Attorneys from HeplerBroom’s Edwardsville office who were selected as Illinois Super Lawyers include:
Beth Bauer, class action
Brenda Baum, class action
Troy Bozarth, general litigation
Gordon Broom, general litigation
Jeffrey Hebrank, class action
Larry Hepler, class action
Theodore MacDonald Jr., personal injury medical malpractice: defense
Jason Rankin, class action

Attorneys from the firm’s Chicago office who were selected as Illinois Super Lawyers include:
Robert Sands, class action
Anthony Tunney, professional liability: defense

Stephen Kaufmann, of the firm’s Springfield office, was selected as an Illinois Super Lawyer for personal injury – products: defense.

The firm also had nine lawyers who were selected as Rising Stars, including:
Michael Antikainen, personal injury – products: defense
Andrew Carruthers, business/corporation
Matthew Champlin, personal injury general: defense
Jessica Galanos, civil litigation: defense
Jason Johnson, business litigation
Edna McLain, personal injury medical malpractice: defense
Michael Murphy, personal injury general: defense
Gregory Odom, civil litigation: defense
Patrick Stufflebeam, class action

Sandberg Phoenix attorney named a 2016 Missouri Law Firm Leader

$
0
0

Sandberg Phoenix shareholder and Executive Committee member Teresa Bartosiak will be honored by Missouri Lawyers Weekly on Jan. 29 as one of the 2016 Missouri Law Firm Leaders of the Year.

Bartosiak is being recognized for her contributions to both the firm and the legal community, as well as her professional achievements and commitment to providing extraordinary legal services to her clients.

“In addition to her contributions to the firm, Teresa has had a profound impact on many of our younger associates, for whom she serves as a mentor,” Sandberg Phoenix managing partner John Sandberg stated in a press release. “Her willingness to share best practices, care strategy and knowledge of health law and products liability matters have guided many associates, growing their practices and ultimately resulting in their maturation as legal professionals and partners within the firm.”

Bartosiak was recently elected to serve on Sandberg Phoenix’s three-member Executive Committee, where she helps establish a growth plan for all seven firm offices. She also provides direction on policies, personnel and finances.

She is the youngest person to ever be elected to equity partnership status at Sandberg Phoenix.

Bartosiak is also co-founded the Sandberg Phoenix Charity Committee nearly 15 years ago, which has contributed more than $100,000 to various charities throughout the St. Louis area.

She focuses her legal practice on medical malpractice, nursing home litigation, products liability and personal injury defense litigation.

Goldberg Segalla welcomes new partner to St. Louis office

$
0
0

Attorney John M. Allen joined Godlberg Segalla’s St. Louis office as a partner.

Allen brings trial, litigation and transactional experience to the firm’s workers’ compensation, general liability and business and commercial practice groups.

Allen was previously a partner with Restovich Allen LLC in Kirkwood, Mo.

Allen focuses his practice on defending employers and their insurers in a wide variety of workers’ compensation claims and defending businesses in maritime, personal injury, product liability, commercial, employment and environmental lawsuits.

He also advises companies on business creation, corporation transactions, employment-related matters and various operational issues.

Allen received his B.A. from St. Louis University in 1997 and his J.D. from St. Louis University School of Law in 2000.

Schoen Walton Telken Foster LLC gets new name

$
0
0

Personal injury attorneys Troy Walton, Steve Telken and Ron Foster announced that the new name of their firm is Walton Telken Foster LLC.

The Edwardsville firm has been representing plaintiffs in personal injury suits in Illinois and Missouri since 2009.

Original member, Paul Schoen, recently left the firm and will operate his own law firm in Belleville.

“Paul is our friend and we wish him well,” Telken stated.

In addition to Walton, Telken and Foster, attorneys Micah Summers and Michael Marker are also with the firm.

“A significant portion of our business comes from word-of-mouth recommendations from current and former clients, as well as other attorneys who often refer us their most complex injury cases. Our clients, and other attorneys, know that we have the knowledge and experience to successfully handle their cases,” Walton stated.

The firm has handled cases involving product liability, trucking and auto accident cases, medical malpractice, premises liability, workers’ compensation and other types of personal injury cases.

Additionally, the firm manages and handles complex mass torts cases, such as cancer cases from radiation exposure near Coldwater Creek in St. Louis County and Syngenta corn cases on behalf of Illinois farmers, among others.

“We are excited about the evolution and future of Walton Telken Foster, LLC. We are proud of the legal representation we have provided, and the compensation we have recovered, for our clients over the years. This firm is comprised of a dynamic and aggressive group of lawyers who will continue to work hard on behalf of those injured or killed by the negligence or recklessness of others,” Telken stated.

Bob Marcus selected as 2016 Illinois Super Lawyer ‘Rising Star’

$
0
0

Attorney Bob Marcus of Kujawski Marcus LLC in O’Fallon has been named on the 2016 Illinois Super Lawyers Rising Stars list.

The list is included in the Super Lawyers magazine published by Minneapolis-based Law & Politics.

Marcus is a partner with Kujawski Marcus. He focuses his practice on Federal Employers’ Liability Act (FELA) and personal injury.

He serves as Special Counsel to the Illinois Attorney Registration and Disciplinary Commission. He also serves on the Board of Managers for the Academy of Rail Labor Atorneys.

Marcus and his partner John Kujawski recently prevailed in the U.S. Supreme Court in the case CSXT v McBride, which solidified the application of the FELA in fully protecting injured railroad workers and their families.

Marcus received his B.S. from James Madison University in Harrisonburg, Va. He earned his J.D. from Southern Illinois University Law School in Carbondale.

Viewing all 22043 articles
Browse latest View live


<script src="https://jsc.adskeeper.com/r/s/rssing.com.1596347.js" async> </script>