Six of eight class actions filed in '09 remain in Madison County

Amelia Flood Dec. 16, 2009, 10:29am



Of the eight new class action suits filed in Madison County this year, six remain here and move forward.

But two others -- one filed over unsolicited faxed advertisements and another involving "loans," contingent on personal injury lawsuit payouts -- were removed to federal court in July.

In the case of John Whitwell v. Walmart, Whitwell claims he and the proposed class were shortchanged when the store refunded the improper amount of sales tax when items were returned in a different store than where they were purchased. The suit was filed by Robert Schmieder III of LakinChapman. The case had been removed from Madison County but was remanded Nov. 18. It is assigned to Madison County Circuit Judge Daniel Stack.

Schmieder also filed a class action against Stratacare on behalf of lead plaintiff Walsh Chiropractic over allegedly improper Preferred Provider Organization discounts. That case is set for a class certification hearing before Madison County Circuit Judge Dennis Ruth Dec. 18 at 9 a.m.

Summons were sent out in November in another class action over improperly refunded sales tax -- this one against O'Reilly Auto Parts. It was also filed by Schmieder. It is assigned to Madison County Circuit Judge David Hylla.

Defense attorney Troy Bozarth filed his appearance in a case against Supervalu Holdings, the owner of Shop n' Save stores. The suit stems from fees lead plaintiff Mary Voyles claims were illegal that the stores charged for cashing checks. The case was filed by Tom Maag. It is assigned to Madison County Circuit Judge Andy Matoesian.

Matoesian was also presiding judge on one of the two class actions that have been removed to federal court. The case was brought by lead plaintiff Timothy Rosenburg against a lawsuit lender and was filed by Maag. It went to federal court July 21.

Madison County Circuit Judge Barbara Crowder had been assigned the other 2009 class action that has been removed. That suit, filed by attorney Robert Sprague, seeks damages over unsolicited faxed advertisements. The lead plaintiff in the case, Locklear Electric, has sued Theodore and Norma Lay and their real estate company as well as a number of others in both Madison and St. Clair counties in recent years. The Locklear vs. Lay case was removed from Madison July 20.

Another Locklear case against Taylorville Chiropractic Clinic LLC, remains in Madison County and is assigned to Ruth. It was also filed by Sprague. Summons in the case were served in June.

The other class action, brought by Maag, on behalf of Sheila Kelly, involves a lawsuit lender. The plaintiffs filed a motion Nov. 6 withdrawing their request to enforce a settlement agreement. The case is now set for case management Feb. 24 at 9 a.m. before Crowder.

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