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August 26, 2015

August 26, 2015, 8:55 am
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Assistant State's Attorney In Kane County Charged With DUI In DuPage
From the Chicago Tribune
A Kane County prosecutor is due in court in September after her arrest this month in DuPage County on charges of driving under the influence, speeding and improper lane usage, according to court and police records.
Kathleen Doyen, 30, of Chicago, a Kane County assistant state's attorney since 2011, was charged Aug. 15 after she was stopped by Carol Stream police, according to reports. Police say her blood alcohol level was 0.168 — twice the legal limit.
According to Carol Stream police, an officer in an unmarked vehicle said Doyen passed him about 12:30 a.m. headed east on Illinois Route 64, near the County Farm Road intersection.
Doyen, according to police, was driving at a high rate of speed and weaving. The officer who arrested her at one point clocked her car going 67 mph in a 45 mph zone.
The officer reported activating his siren three times before Doyen pulled over on Route 64, and he noted a strong odor of alcohol coming from the vehicle. He also reported that her eyes were bloodshot and glassy, and her speech was slow and confused, "as though she was thinking of what not to say," according to the police report.
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August 27, 2015

August 27, 2015, 9:05 am
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Judge Scolds State Officials Over Budget Impasse
From the Associated Press
A federal judge in Chicago has scolded Illinois officials for not fully complying with her order that they pay providers of critical social services during an ongoing budget impasse.
Judge Sharon Johnson Coleman told state lawyers at a Wednesday hearing they had 48 hours to explain which providers have and haven't been paid.
Coleman added she's "very disappointed" the state missed a Friday deadline for certain payments and broached at least the possibility of holding the state in contempt.
A comptroller's office attorney, John Stevens, cited cash flow issues.
Gov. Bruce Rauner and lawmakers can't agree on a spending plan for the fiscal year that began July 1.
But Coleman says one shouldn't "flout" a court order. Coleman says she understands the budgetary constraints but says human lives are at stake.
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Baricevic, Haida And LeChien Spurn Retention Vote, Will Run In General Election

August 28, 2015, 9:01 am
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From the Belleville News-Democrat

Judges John Baricevic, Robert Haida and Robert LeChien have filed paperwork that they will retire in December 2016 but will run for their judges’ jobs in the November 2016 general election, where they need only a majority of votes instead of the 60 percent required if they ran for retention.

Baricevic, the chief judge, said by running in the general election he will not be barred by the Code of Judicial Ethics from bringing up topics such as the effect former judge Mike Cook’s heroin arrest and imprisonment had on St. Clair County’s judiciary and the prevalence of heroin deaths in the metro-east. Haida and LeChien could not be reached for comment, but Baricevic said they too will run in the general election.

Former circuit judge Lloyd Cueto did the same thing in 2006 — avoiding a retention election that would have required a favorable vote percentage of 60 percent.

John Pastuovic, president of the pro-business Illinois Civil Justice League, said his group opposed avoiding a retention runoff when Cueto did it, and is opposed to the current plan by the three 20th Circuit judges based in Belleville. The circuit covers five counties: St. Clair, Monroe, Perry, Washington and Randolph.

“We were against this when it happened before. We thought it was wrong in 2006 and we think it’s wrong now,” Pastuovic said.

“I guarantee it is not what the framers of the (Illinois) Constitution had in mind when they created the retention system for judges. It was their intent that judges, once they served, should meet that higher standard of a 60 percent retention. And while this is not illegal, it’s certainly not what the authors of the Constitution intended,” he said.

Steven Lubet, a professor of law at Northwestern University in Evanston, who has written widely on legal ethics, said: “I think it’s within the law and I think the voters will have a choice. I don’t see anything unethical about it. But it’s virtually unheard of.”

Read the entire article at the Belleville News-Democrat.

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August 28, 2015

August 28, 2015, 9:09 am
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Class Action Lawsuit Targets Automakers For Keyless Ignition Dangers
From ABC News
Ten of the world’s largest automakers are facing a consumer class action lawsuit filed early Wednesday morning in California on behalf of millions of Americans who own or lease vehicles equipped with keyless ignitions.
“We’re filing this litigation because we feel like we need to do so to protect millions of Americans who are driving vehicles that have a safety defect that can kill them,” said Martis Alex, a New York attorney with the law firm Labaton Sucharow, who is leading the class action lawsuit.
Keyless ignitions have become widely available in recent years. The technology allows drivers to start their engines with an electronic key fob and the push of a button instead of using a traditional physical key.
At issue, the driver can take the fob far away from the vehicle, such as to the bedroom, while inadvertently leaving the car running and emitting carbon monoxide for an indefinite period of time without the key fob present. This can become especially dangerous – even deadly – when the car remains running in garages attached to a home. The suit says 13 carbon monoxide deaths have been linked to the cars.
It seeks an injunction ordering Toyota, Ford, Nissan, Honda, BMW, Volkswagen, Bentley, Mercedes-Benz, Hyundai and Kia to install what it claims is an inexpensive automatic shut-down feature on all affected vehicles. The suit further alleges some automakers have begun installing the “auto-off” feature on newer model vehicles, while leaving older keyless ignition models without an automatic shut-down capability.
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August 31, 2015

August 31, 2015, 8:23 am
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Illinois Investigates State Parole Board Members' Bankruptcies
From the Associated Press
Illinois is investigating bankruptcy filings by two state parole board members after recent newspaper reports highlighting the personal financial problems of several political appointees.
A spokeswoman for Gov. Bruce Rauner told the Belleville News-Democrat that officials are examining the bankruptcy claims of Illinois Prison Review Board members Adam Monreal, a former assistant Cook County state's attorney, and Eric Gregg, a former Harrisburg mayor.
Screenings of prospective appointees include criminal background checks but don't extend to reviews of their personal finances, said Ken Tupy, a board lawyer. Rauner spokeswoman Catherine Kelly concurred.
"We do not run credit checks on appointees," she said.
Monreal is a former board chairman, one-time Chicago mayoral assistant and ex-supervisor of the workers' compensation fraud unit for the Illinois Department of Insurance. In 2011, he declared annual income of less than $40,000 while earning more than $90,000 from the state, the newspaper reported. He did not respond to the newspaper's written requests for comment.
The state is also examining whether Gregg improperly received $48,000 in annual outside income while on the state board.
Gregg has said the additional pay should have been entered under the name of his wife, a teacher's aide, though she was listed as a "non-filing spouse" on the bankruptcy petition. Patti Gregg told the newspaper that the additional income stems from her operation of Southern Illinois Energy Group, a company founded by her husband and Lu Ann Walker.
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September 1, 2015

September 1, 2015, 7:00 am
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Moody's: No Budget Shows 'Weak Governance' In Illinois
From the Associated Press
A major credit rating agency is warning legislators and Gov. Bruce Rauner to reach a budget agreement by late September because it's linked to other massive financial problems.
Moody's Investors Service said Monday the ongoing stalemate underscores "weak governance" and is symptomatic of other "severe" challenges like ballooning pension payments, debt costs and dwindling revenues with the rollback of the 2011 income tax increase.
Moody's said Illinois' projected budget hole is about $5 billion, and addressing it will become harder if lawmakers approach the September end of the fiscal quarter without a budget deal.
The Republican governor and Democratic-controlled Legislature haven't agreed on a July 1 fiscal year budget. Money is still being spent, including through court orders. Some lawmakers are predicting a deal will not be reached this year.
Rating agencies have given Illinois the worst rating of any U.S. state.
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September 2, 2015

September 2, 2015, 6:59 am
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Illinois House Gears Up For Override Of Union-strike Veto
From the Associated Press
One of the subplots of the summer-long Illinois budget standoff will take center stage this week with a likely attempt by House Democrats to restore legislation they say will prevent labor unrest.
The House convenes Wednesday to consider overriding Republican Gov. Bruce Rauner's veto of a proposal that would put a potential labor-contract impasse in the hands of an outside arbitrator, rather than risk a strike or a lockout.
Here are things to know about the bill that could change the face of the Rauner administration's negotiations with the state's largest employee union, Council 31 of the American Federation of State, County and Municipal Employees.
Rauner and AFSCME have been negotiating since winter on a contract to replace one that expired June 30. In May, backed by the union, Democrats proposed the bill that would allow either the state or AFSCME to call in an independent arbitrator should negotiations break down. The arbitrator would take the two sides' best offers and choose one.
That ostensibly removes the possibility of a strike — which has never occurred in 40 years of state government collective bargaining — as well as the chance of a lockout.
Rauner talked with bravado during his 2014 campaign of shutting down the government to save runaway taxpayer costs, but now he promises he will not lock out workers. However, he vetoed the initiative in July, and the Senate overrode the veto in August.
"He believes that the taxpayers should have a seat at the table when bargaining, and this eliminates that seat and turns it over to an unelected arbitrator," Rauner's general counsel, Jason Barclay, said Tuesday. "In our view, this bill strips taxpayers of their right to control costs in government."
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September 3, 2015

September 3, 2015, 7:01 am
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Rauner Wins Labor Battle As Madigan's Veto Override Fails
From Crain's Chicago Business
In a bizarre twist to a most unusual political day, the Illinois House has sustained Gov. Bruce Rauner's veto of a bill that would strip him of much of his control over collective bargaining with state employee unions.
Speaker Michael Madigan, the bill's main advocate, called it for a vote Wednesday evening even after it became clear that he lacked the votes to pass it due to the absence of one of his members, Near North Sider Ken Dunkin.
But with a Friday deadline approaching for final action on the override and signs that Dunkin would not be in Springfield at all this week, Madigan apparently decided to get on record “no votes” from several downstate Republicans who come from heavily unionized districts and may be vulnerable to Democratic challengers in the 2016 elections.
The final vote on the override was 68-34, with nine present. All but three Democrats—Dunkin and Jack Franks, who voted present, and Scott Drury, who voted no—voted yes, and all Republicans voted no or present. For the override to succeed, 71 votes were needed.
The Senate last month voted to override.
The bill involved had become a key test of wills between the Democratic speaker and the rookie Republican governor, but has big implications for budget and other issues in the larger political battle over Rauner's pro-business, anti-labor "turnaround agenda." It could be revived later, depending on Dunkin, but at least both labor groups and business groups now will know who stands where.
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September 4, 2015

September 4, 2015, 7:03 am
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Former Schock Aide Says He Saw Warning Signs
From the Peoria Journal-Star
As the investigation into finances of former U.S. Rep. Aaron Schock progresses, a former top aide has been sharing his story of red flags (including the fire-engine red paint job in Schock’s Washington office) that he saw along the way.
Benjamin Cole, the 39-year-old former senior adviser and communications chief for Schock, a Peoria Republican, told Lynn Sweet of the Chicago Sun-Times that the first time he saw the new paint job, he told his boss: “This looks like Liberace’s drawing room. It’s way overdone, and I don’t think this is good.”
And Cole told Carol Felsenthal of Chicago magazine that Schock’s pictures of himself on Instagram, including one doing the tango in Buenos Aires, Argentina, were “getting out of control” and “creating the wrong impression.”
“I thought it was doing a disservice to him as a serious legislator,” he said.
Cole said the office decorating led him to peruse Shock’s spending records, and he found evidence of likely sloppiness or carelessness by staffers handling the books.
“At no time while I was working for Aaron did I ever think that he demonstrated a propensity or an inclination to defraud donors or taxpayers,” Cole told Sweet.
Cole is an ordained Southern Baptist minister originally from Texas. He also talked of his deep regret in making “flip remarks” in the past on Facebook about crime in his Washington, D.C., neighborhood — remarks that led to his resignation.
“I’m dismayed that I would have exercised such poor judgment and even jeopardized friendships and relationships (with people) who would otherwise have had no reason to question my commitment to racial justice,” he told Sweet.
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September 8, 2015

September 8, 2015, 8:01 pm
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Don't Look Now, But Illinois Has Another Deficit
From Crain's Chicago Business
We all have read a lot in the past few years about Illinois' two major financial deficits. There is a large mismatch between sustainable operating revenues and costs for existing programs—this is our structural deficit, which is on the order of $6 billion per year. And Illinois has an immense pension deficit, estimated to be greater than $100 billion.
But there is a third fiscal deficit facing Illinois that largely has been ignored: the lack of funding for the state's physical infrastructure. In a report by the University of Illinois Institute for Government and Public Affairs, I estimate that this infrastructure funding deficit may be as large as $31 billion. That is, to maintain our state's roads, bridges, water and wastewater systems, school buildings and so forth, Illinois would have to devote $31 billion more to the effort than they previously have been doing.
To put that figure in perspective, the entire state general revenue budget last year was around $33 billion.
This estimate only includes infrastructure managed by the state itself, not its autonomous agencies such as the Illinois Tollway, the Regional Transportation Authority, the Chicago Transit Authority or any Illinois local governments. Including these entities increases the infrastructure funding deficit by billions.
Why is this deficit important? Economists agree on the importance of a vital and well-maintained infrastructure to overall economic health. Illinois' excellent and long-standing system of highways, railroads and airports have helped drive the state's economic success for over 150 years and given it an advantage over other states.
By failing to maintain, replace and improve its infrastructure, Illinois limits the productivity and income-earning ability of its businesses and workers. This ultimately will lead to a lower standard of living for future generations.
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September 9, 2015

September 9, 2015, 8:02 pm
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Illinois High Court Poised To Examine Three Blockbuster Cases
From the Chicago Daily Law Bulletin
This could be a month to remember at the Illinois Supreme Court.
In its upcoming term, the state’s top judges could rule on a multibillion-dollar verdict, decide the fate of a frozen embryo case and hear arguments on a decades-old precedent denying some legal claims for unmarried couples.
The court will convene for its September term next week after taking a three-month summer break. It’s slated to hear oral arguments in 22 cases beginning a week from today. At some point, it will also issue decisions in cases it has taken under advisement, including Sharon Price v. Philip Morris, No. 117687.
The $10.1 billion verdict against the Philip Morris tobacco company was premised on violations of the Consumer Fraud Act for using “light” and “low-tar” descriptions to make cigarettes seem safer.
The verdict was tossed out by the high court 10 years ago, but re-ignited by a Federal Trade Commission brief in a different case that said the federal government never authorized cigarette-makers to use those descriptions.
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Survey: Illinois’ Lawsuit Climate Hits All-Time Low, Ranks Among Nation’s Worst

September 10, 2015, 4:00 am
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From the US Chamber Institute for Legal Reform

Illinois’ lawsuit climate is among the worst in the country at number 48 out of 50, an all-time low ranking for the state, according to a new national survey released today by the U.S. Chamber Institute for Legal Reform (ILR). ILR released 2015 Lawsuit Climate Survey: Ranking the States alongside Illinois Gov. Bruce Rauner, and business and civil justice reform groups from across the state.

According to the report, 75 percent of senior company attorneys surveyed say that a state’s lawsuit environment is likely to impact important business decisions at their company, including where to locate or expand. That is an 18 percent increase from eight years ago, and an all-time high.

“More business leaders than ever have identified a state’s lawsuit climate as a significant factor in determining their growth and expansion plans,” said Lisa A. Rickard, president of ILR. “In light of its pressing budget needs, Illinois should recognize that the results of this survey are of vital significance to its economic growth.”

Illinois’ lawsuit climate ranked only above Louisiana and West Virginia nationally, and beneath every bordering state including: Indiana (18), Iowa (4), Kentucky (39), Missouri (42), and Wisconsin (20).

More than a third of the survey respondents identified Chicago/ Cook County or Madison County in Illinois as the city or county court with the “least fair and reasonable litigation environment for both defendants and plaintiffs” in the entire country.

Over the years, Madison County’s loose standards for accepting cases from outside the county and even the state has made it a national focal point for asbestos litigation. Further, a law signed in late 2014 by the outgoing governor to lift any time limits on filing certain asbestos cases could consolidate even more cases there. Gov. Rauner has proposed strengthening venue laws to limit such “litigation tourism” into Illinois.

“Negative reputations of courts in certain counties, like Cook, Madison, McLean, and St. Clair, which still invite out-of-state lawsuits and produce jackpot jury awards continue to hold back Illinois,” Rickard said. In tandem with the survey, ILR today released 101 Ways to Improve State Legal Systems, listing key legal reforms that states can adopt to improve their lawsuit climates. ILR also launched a national media campaign to raise awareness about the importance of a fair and balanced lawsuit system.

Harris Poll, a global polling firm, conducted the 2015 Lawsuit Climate Survey through telephone and online interviews between March 9 and June 24, 2015. The respondents were more than 1,200 general counsels and senior attorneys or leaders in companies with annual revenues of at least $100 million.

Read more from the Institute for Legal Reform.

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September 10, 2015

September 10, 2015, 6:59 am
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Madigan May Be Starting To Lose His Iron Grip
From the Chicago Tribune
Madigan may be starting to lose his iron grip
The only can to get kicked down the road last week was Mike Madigan's.
For three decades, the House speaker and Democratic state chairman has been Illinois' most powerful politician.
Governors and other state officeholders come and go. Madigan stays.
In the history of the United States, no one has led a state legislative body longer than Mike Madigan. No one.
He is the personification of the old-time political boss. He demands strict adherence from legislators, and in return doles out campaign cash, committee assignments and, if they are really good in following his directives, Madigan might even allow their legislation to be voted upon.
He's a shrewd, calculating politician who knows all the legislative maneuvers and rarely loses. What Mike Madigan really wants, he gets.
"Never bet against Mike Madigan" has become perhaps the most repeated axiom at the Illinois Statehouse in the many years I've been in Springfield.
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September 11, 2015

September 11, 2015, 6:37 am
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Survey: Illinois Among Least Fair States To Sued Firms
From the Associated Press
West Virginia, Louisiana and Illinois are the three worst states in perceived fairness to sued businesses, according to a survey released Thursday. It says Delaware, Vermont and Nebraska are the three best.
Among those attending an unveiling of the 2015 Lawsuit Climate Survey in Chicago was Gov. Bruce Rauner, who said the state's legal environment was hindering his ability to recruit businesses and grow jobs.
"It is devastating to many employers," said the Illinois Republican, who has called for tort reform.
The survey, based on interviews with 1,200 attorneys and executives at companies with at least $100 million in annual revenues, was conducted for the pro-business U.S. Chamber Institute for Legal Reform.
Seventy-five percent of respondents said a state's litigation environment is likely to influence business decisions, including where to locate.
"Businesses cannot and will not invest in Illinois until established, deep-rooted and documented problems are addressed once and for all," Illinois Civil Justice League President John Pastuovic told attendees in Chicago.
Later Thursday, the president of the Illinois Trial Lawyers Association blasted the survey — and Rauner's association with it.
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September 14, 2015

September 14, 2015, 7:14 am
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New Political Map-making Push Gains Ground, Concerns
From the Chicago Tribune
For years, good-government advocates have pushed for a new way to draw Illinois House and Senate district boundaries to curb the influence of partisan politics in deciding who controls the General Assembly, only to fall short due to legal hurdles.
Now a new group funded by well-heeled backers is taking another run at the issue as it tries to learn from mistakes of the past by getting an earlier start and drafting a proposal it believes can withstand an inevitable court challenge. The Independent Map Amendment effort says it's well on its way to getting enough signatures to put the measure on next year's ballot, aided by voter frustration over the stalemate at the Statehouse.
But like last time, the latest drive is drawing opposition from a group led by African-American businessmen who said they fear changes in the process could end up reducing minority representation and influence at the Capitol. Some of them successfully challenged a similar proposal last year, aided by a lawyer with close ties to Democratic House Speaker Michael Madigan, a 44-year veteran who helped write the Illinois Constitution and is opposed to changing how legislative maps are drawn.
At stake is a proposed constitutional amendment that voters would decide in the 2016 general election that would change the every-decade method of redrawing the state's 118 House and 59 Senate districts to conform to population changes in the federal census.
Currently, the legislature is charged with drawing the maps, which critics contend lets lawmakers pick their own voters by bending district boundaries to favor one political party over the other.
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September 15, 2015

September 15, 2015, 7:16 am
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Health-care Payments Stopped For State Employees' Self-insured Plans
From the Springfield State Journal-Register
Citing the state budget impasse, an agency controlled by Gov. Bruce Rauner has stopped paying health-care claims for at least 146,000 state workers, retirees and their families receiving coverage through self-insured plans.
However, payments to other health-care providers will continue, for the time being, on behalf of at least 158,000 patients covered by the state’s managed-care plans. Those plans are Health Alliance HMO, HMO Illinois, Blue Advantage and Coventry Health Care HMO.
State spokeswoman Meredith Krantz confirmed the status of health-care payments Monday, saying, “Employee insurance coverage is extremely important to us, and we understand how critical this benefit is to our employees.”
The extent to which the situation prompts health-care providers to request or demand patients pay the entire cost of medical services up front remains to be seen.
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September 16, 2015

September 16, 2015, 7:17 am
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Illinois Stops Health Claims Payments For 146,000 Workers
From the Associated Press
Gov. Bruce Rauner's administration has stopped paying health care claims for at least 146,000 state workers because of the budget mess.
The (Springfield) State Journal-Register reported that the Department of Central Management Services has halted funding for claims covered by the state's self-insurance plans.
But payments will continue to private companies operating managed-care plans for another 158,000 workers.
The newspaper reported it's unprecedented for the state to stop paying claims. It's unclear whether health care providers will demand upfront, out-of-pocket payments.
Meredith Krantz is spokeswoman for CMS. She said insurance coverage is important and administration officials "understand how critical this benefit is to our employees."
But she said CMS can't cover the claims because there is no budget for fiscal year 2016.
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September 17, 2015

September 17, 2015, 7:20 am
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Claims For Medicare Advantage Members Undisturbed By State Budget Impasse
From the Springfield State Journal-Register
Doctors and hospitals serving almost 70,000 retired state workers and dependents through Medicare Advantage plans will be spared, for now, from payment delays associated with the state budget impasse.
"Medicare Advantage members' health care coverage has not been stopped or reduced in any way," a spokeswoman for the Illinois Department of Central Management Services said. "Medicare Advantage vendors will continue to pay claims to health care providers, and those members should be requested to only pay their copayments at the time of service."
The State Journal-Register reported in recent days that payments have stopped to health care providers serving state workers, university employees, retirees and dependents covered through the state's self-insured plans.
Those plans, which serve at least 146,000 people insured through the state, include Quality Care and the Coventry Health Care and HealthLink open access plans.
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September 18, 2015

September 18, 2015, 7:23 am
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Chicago Named 7th Most Expensive City -- In The World
From the Chicago Tribune
Hey, Chicago. It's cheaper to live in Tokyo.
Or so says a report released this week by UBS that lists Chicago as the 7th most expensive city, behind top-ranked, super-pricey Swiss towns Zurich and Geneva.
Other cities ranked as more expensive than Chicago are, in order, New York City; Oslo, Norway; Copenhagen, Denmark; and London. Tokyo was listed No. 8, followed by Auckland, New Zealand, and Sydney.
Published every three years, the report ranked the cities based on the cost of goods and services. It also ranked cities including and excluding the cost of rent. In both comparisons, Chicago, where a three-person family on average spends about $2,792 monthly on goods and services, held steady at No. 7. In New York City, spending $3,342 monthly (excluding rent) is the average.
Part of what makes Chicago so expensive is the cost of clothing, according to the report. In Chicago, both men and women would spend over $1,100 for new business attire. In cheaper locales, like Warsaw, Poland, the cost of a two-piece suit, a blazer, a dress, pantyhose and a pair of shoes for women would cost much less, about $500. Men would pay slightly more in Warsaw, about $670 for a business suit, a blazer, a shirt, a pair of jeans, socks and a pair of shoes.
To compile the rankings, the authors considered the prices of a standardized basket of 122 goods and services in each metropolitan area. Prices were about 2.5 times higher in expensive cities like Zurich, Geneva and New York City than in places like Bucharest, Romania; Sofia, Bulgaria; and Kiev, Ukraine.
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September 21, 2015

September 21, 2015, 7:26 am
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Mitsubishi Motors Prepares To Close Normal, Ill., Plant After Failing To Find Buyer
From Reuters
Japan's Mitsubishi Motors Corp. has started preparing for the closure of its sole U.S. factory after failing to find a buyer for the high-cost auto plant, the Nikkei business daily reported on Saturday.
The company will notify workers at the end of this month, the newspaper reported, without saying where it obtained the information. The 900 hourly workers at the Normal, Ill., plant are the only ones at a Japanese-owned U.S. auto factory to be represented by the United Auto Workers.
Mitsubishi Motors could not immediately be reached for comment.
The company announced plans in late July to end production at the plant, saying the decision was prompted by low volumes rather than high labor costs or a stronger dollar, which makes importing cars more profitable.
A closure would mark a setback for the UAW, which is in the midst of negotiating higher wages with Detroit's Big Three automakers. Mitsubishi Motors opened the Normal plant in 1988 as a joint venture with then-partner Chrysler, and took sole control in 1991.
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