BURKART LAW VICTORIES
2022 Madison County Firemen's Assoc. v. B.U.R.T. Inc. (Circuit Court No. 2020-MR-19) On behalf of its client, the Madison County Firemen's Association (MCFA), Burkart Law proved that MCFA was the rightful owner of the real estate, and all other property located at 4964 Old Alton Road, in Granite City, Illinois, that was previously owned by a defunct underwater recovery team. The recovery team's Bylaws provided that upon dissolution its assets would go to the Firemen's Association. The president, one of the three remaining board members of the underwater team, claimed that the team was not defunct and wanted to retain ownership of all assets. Burkart Law proved that since January 2016 the recovery team had not gone on an underwater rescue or retrieval run. Burkart Law obtained a judicial deed conveying the real estate to its client. Title to all remaining property was also transferred to the Firemen's Association.
2021 Madison County Veterans' Assistance Comm'n v. Madison County Board and former/current County Clerks, (Circuit Court No. 2018-L-1731). $650,000.00 settlement with defendants to pay Burkart's client Veterans' Assistance Comm'n (VAC) $65,000 per year for the next 10 years. Burkart discovered that the County Clerks shorted the VAC tax revenue the County Board had approved to fund veterans assistance for fiscal years 2008-2016. The settlement revenue is pledged to fund a pilot veterans crisis intervention program to help first-responders better understand and treat combat veterans who may be experiencing a PTSD episode or other crisis situation. The program will be offered as a model to other counties and states as they attempt to comply with President Trump's executive order to prevent veteran suicides.
2019 Knetzer v. ConocoPhillips (2019) Represented client against corporation which claimed client was no longer entitled to long term disability benefits. Obtained reinstatement of long term disability benefits as well as back-pay for payments denied.
2019 Lavite v. Dunstan, et al. (Madison County - 2019 IL App (5th) 170114) Obtained Appellate Court ruling that the Madison County Veterans Assistance Commission (VAC) has authority over its personnel and operational expenses, and that the Military Veterans Assistance Act vests the VAC Superintendent, not the County Board, with authority to review and approve invoices. The County Board may not unilaterally refuse to pay a properly executed warrant issued by the Veterans Assistance Commission.
2018 Feazel v. Ameren Long Term Disability Plan (U.S. District Ct. 3:17-CV-1221) Represented client against corporation which claimed client was no longer entitled to long term disability benefits. Obtained reinstatement of long term disability benefits, as well as back-pay for payments denied.
2018 JPMorgan Chase Bank Nat'l Assoc. v. Venable (Macoupin County 2014-CH-110) Defended homeowner from mortgage foreclosure on the theory that foreclosing bank did not have a valid assignment of promissory note. Negotiated settlement for homeowner, resulting in bank releasing its lien on the home, paying a sum of cash to homeowner, deleting its trade line to the credit bureaus, and dismissing its foreclosure action.
2017 Burkart v. City of Hillsboro, Illinois (U.S. District Court) U.S. District Court entered judgment on the settlement, whereby City agreed to abide by plaintiffs' 23-year-old lease agreement on Glenn Shoals Lake. Plaintiffs alleged that the City had violated the 5th and 14th amendments to the Constitution by depriving property owners of their private property rights. City agreed to uphold the lease, pay court filing fees and $5,000 in attorney fees to the plaintiffs.
2016
Lavite v. Dunstan, et al. (Madison County) 15-MR-145 (5th Dist App Ct 5-15-0401). Vindicated highly decorated combat veteran's civil right to occupy his office as superintendent of the county Veterans Assistance Commission in the county administration building, where county officials issued a standing order to arrest him should he show up on county property. Suit also requested that the county stop interfering with VAC operations and expenditures. Sued the Sheriff, County Chairman, County Administrator and the County who were all politically motivated to oust the superintendent from his office after he questioned the county's control and proposed use of veteran's funds. During the pendency of this suit, the County Chairman who had held his office for over 14 years lost his bid for re-election and the new County Chairman lifted the standing order. Judgment was entered mandating that the county had no control over VAC expenditures.
2014
Georgia Mircheff v. Jessica Harrison Agency, Inc. (Madison County) 14-L-459. $51,803 recovery for homeowner against insured for failure to include flood insurance in policy where prior flooding known to exist.
2009
Agent for M.E.S. Trust v. DAS Acquisition Co., LLC, (St. Louis County) 09SL-CC04351. $27,000 recovered in addition to successful release of $50,000 note and deed-of-trust recorded as a lien on client's property.
Ready-Mix Service, Inc. v. L.R.B. Homes, LLC (Madison County) $76,000 recovered for client-mortgagee where title company wrongfully closed home purchase without paying off client's $77,000 mortgage.
Lane v. Schmidt (St. Louis County) 09SL-CC0471. Stopped step-father from taking disabled wife's estate valued in excess of $600,000 accumulated during prior marriage, and earmarked in trust for disabled wife's children.
2008
First Clover Leaf Bank v. Gardner & Parker (Madison County) 08-AR-206, 08-L-309, 08-L-310, 08-L-311, 08-CH-429. Foreclosed multiple properties of bankrupt developer and obtained deficiency judgments against the guarantors of construction loans totaling $423,703.21.
First Clover Leaf Bank v. Bank of Edwardsville (Land Trustee) (Madison County) 08-CH-649. Established a constructive trust on $500,000 home on country club golf course when owner attempted to sell the home without applying net proceeds of $225,000 to outstanding balances owed to bank. Homeowner had moved to Florida and liquidated other Illinois assets to pay off million dollar home in Florida which has an unlimited homestead exemption.
Welsch v. Podnar (Madison County) 08-AR-33. Successfully defended home sellers from the buyers' claims of failure to make disclosures as to water problems.
Thomas Dodd v. Ameren Service Co. (Madison County) 08-L-606. Recovered $191,876 where client's spouse forged client's signature to empty client's Ameren retirement accounts.
2005
Mike A Maedge Trucking v. Barry Hosto (Madison County) 05-LM-2431. Successfully defended a developer against claims for extra repairs to a subdivision.
2004
Bell Redevelopment, Inc. v Juneau Associates, Inc. (Madison County) 04-L-1300. Recovered $75,000 in costs required to correct parking lot construction where surveyor marked the location of curbs incorrectly.
2003
Korte-Luitjohan Contractors, Inc. v. City of Vandalia (Fayette County) 03-L-1371 $79,020 recovery for conditions the City knew, but failed to tell contractor about, prior to bidding its water and sewer project. In settlement, City agreed to pay contractor for all future extras to complete the project, resulting in an additional $144,000 added to the contract price.
Watson v. Country Mutual Insurance (Bond County) 03-L-29. $56,000 recovery where homeowner's insurance company refused to honor its homeowners policy.
2002
Alhambra Care Center, Inc. v. Cardinal Hill Healthcare, LLC and Cincinnati Insurance Company (Madison County) 02-L-1706. Jury verdict of $72,784 for emergency nursing home care provided by Alhambra Care to the victims of a tornado that struck Greenville, Illinois when the owner of the damaged nursing home absconded with Medicare and Medicaid payments made on behalf of the victims.
Maronie v. Killion (Madison County) 02-L-1522. $45,000 awarded to home purchasers where sellers concealed past water infiltration into the walkout basement.
Short Brothers v. Korte-Luitjohan Contractors, Inc. (Williamson County) 02-L-61. Successfully defended contractor against claim for $52,000 in extras. Case settled for a nuisance amount ($2,000).
Executor of Emma Hoemmen v. Roman Catholic Diocese of Springfield, Illinois (Macoupin County) 02-MR-27. Recovered $92,222 workmen's compensation award.
2001
Bell Redevelopment, Inc. v. Walmart Stores, Inc. (Madison County) 01-CH-211. Recovered $1,570,771.35 for site contractor and 10 subcontractors where general claimed poor workmanship and refused to pay.
Bell v. Walmart Stores, Inc. (Madison County) 01-CH-211. Recovered 2% contract finance charge due on the site contractor's material suppliers, totaling $218,861.45 when the insurance company refused to pay on bond.
2000 and prior-
Hitchens v. Farrell (Madison County) 00-CH-142. Jury verdict in favor of client in property boundary line dispute.
Zorich v. Gardner Construction (Madison County) 00-CH-194. $28,000 settlement for completion expenses to a house that the builder abandoned in the later stages of construction.
Joseph & Mary Dietl v. Nokomis Quarry Company and Material Services Corp. (Montgomery County) 95-L-50. Recovered $100,000 to farmer where rock quarry spread dust on farmer's crops and buildings.
Michael & Linda Alemond v. ALA Builders and Steve Norbury (Madison County) 95-L-1165. $94,029 jury verdict where basement caved-in due to lack of steel reinforcement.
King v. Clemmons, Jr. (Madison County) 89-L-565. $452,544 jury verdict for wrongful death in a car crash.
Landmark Realty, Inc. v. Carrolwood Center, Inc. $90,000 award to realtor for unpaid real estate commission.
2022 Madison County Firemen's Assoc. v. B.U.R.T. Inc. (Circuit Court No. 2020-MR-19) On behalf of its client, the Madison County Firemen's Association (MCFA), Burkart Law proved that MCFA was the rightful owner of the real estate, and all other property located at 4964 Old Alton Road, in Granite City, Illinois, that was previously owned by a defunct underwater recovery team. The recovery team's Bylaws provided that upon dissolution its assets would go to the Firemen's Association. The president, one of the three remaining board members of the underwater team, claimed that the team was not defunct and wanted to retain ownership of all assets. Burkart Law proved that since January 2016 the recovery team had not gone on an underwater rescue or retrieval run. Burkart Law obtained a judicial deed conveying the real estate to its client. Title to all remaining property was also transferred to the Firemen's Association.
2021 Madison County Veterans' Assistance Comm'n v. Madison County Board and former/current County Clerks, (Circuit Court No. 2018-L-1731). $650,000.00 settlement with defendants to pay Burkart's client Veterans' Assistance Comm'n (VAC) $65,000 per year for the next 10 years. Burkart discovered that the County Clerks shorted the VAC tax revenue the County Board had approved to fund veterans assistance for fiscal years 2008-2016. The settlement revenue is pledged to fund a pilot veterans crisis intervention program to help first-responders better understand and treat combat veterans who may be experiencing a PTSD episode or other crisis situation. The program will be offered as a model to other counties and states as they attempt to comply with President Trump's executive order to prevent veteran suicides.
2019 Knetzer v. ConocoPhillips (2019) Represented client against corporation which claimed client was no longer entitled to long term disability benefits. Obtained reinstatement of long term disability benefits as well as back-pay for payments denied.
2019 Lavite v. Dunstan, et al. (Madison County - 2019 IL App (5th) 170114) Obtained Appellate Court ruling that the Madison County Veterans Assistance Commission (VAC) has authority over its personnel and operational expenses, and that the Military Veterans Assistance Act vests the VAC Superintendent, not the County Board, with authority to review and approve invoices. The County Board may not unilaterally refuse to pay a properly executed warrant issued by the Veterans Assistance Commission.
2018 Feazel v. Ameren Long Term Disability Plan (U.S. District Ct. 3:17-CV-1221) Represented client against corporation which claimed client was no longer entitled to long term disability benefits. Obtained reinstatement of long term disability benefits, as well as back-pay for payments denied.
2018 JPMorgan Chase Bank Nat'l Assoc. v. Venable (Macoupin County 2014-CH-110) Defended homeowner from mortgage foreclosure on the theory that foreclosing bank did not have a valid assignment of promissory note. Negotiated settlement for homeowner, resulting in bank releasing its lien on the home, paying a sum of cash to homeowner, deleting its trade line to the credit bureaus, and dismissing its foreclosure action.
2017 Burkart v. City of Hillsboro, Illinois (U.S. District Court) U.S. District Court entered judgment on the settlement, whereby City agreed to abide by plaintiffs' 23-year-old lease agreement on Glenn Shoals Lake. Plaintiffs alleged that the City had violated the 5th and 14th amendments to the Constitution by depriving property owners of their private property rights. City agreed to uphold the lease, pay court filing fees and $5,000 in attorney fees to the plaintiffs.
2016
Lavite v. Dunstan, et al. (Madison County) 15-MR-145 (5th Dist App Ct 5-15-0401). Vindicated highly decorated combat veteran's civil right to occupy his office as superintendent of the county Veterans Assistance Commission in the county administration building, where county officials issued a standing order to arrest him should he show up on county property. Suit also requested that the county stop interfering with VAC operations and expenditures. Sued the Sheriff, County Chairman, County Administrator and the County who were all politically motivated to oust the superintendent from his office after he questioned the county's control and proposed use of veteran's funds. During the pendency of this suit, the County Chairman who had held his office for over 14 years lost his bid for re-election and the new County Chairman lifted the standing order. Judgment was entered mandating that the county had no control over VAC expenditures.
2014
Georgia Mircheff v. Jessica Harrison Agency, Inc. (Madison County) 14-L-459. $51,803 recovery for homeowner against insured for failure to include flood insurance in policy where prior flooding known to exist.
2009
Agent for M.E.S. Trust v. DAS Acquisition Co., LLC, (St. Louis County) 09SL-CC04351. $27,000 recovered in addition to successful release of $50,000 note and deed-of-trust recorded as a lien on client's property.
Ready-Mix Service, Inc. v. L.R.B. Homes, LLC (Madison County) $76,000 recovered for client-mortgagee where title company wrongfully closed home purchase without paying off client's $77,000 mortgage.
Lane v. Schmidt (St. Louis County) 09SL-CC0471. Stopped step-father from taking disabled wife's estate valued in excess of $600,000 accumulated during prior marriage, and earmarked in trust for disabled wife's children.
2008
First Clover Leaf Bank v. Gardner & Parker (Madison County) 08-AR-206, 08-L-309, 08-L-310, 08-L-311, 08-CH-429. Foreclosed multiple properties of bankrupt developer and obtained deficiency judgments against the guarantors of construction loans totaling $423,703.21.
First Clover Leaf Bank v. Bank of Edwardsville (Land Trustee) (Madison County) 08-CH-649. Established a constructive trust on $500,000 home on country club golf course when owner attempted to sell the home without applying net proceeds of $225,000 to outstanding balances owed to bank. Homeowner had moved to Florida and liquidated other Illinois assets to pay off million dollar home in Florida which has an unlimited homestead exemption.
Welsch v. Podnar (Madison County) 08-AR-33. Successfully defended home sellers from the buyers' claims of failure to make disclosures as to water problems.
Thomas Dodd v. Ameren Service Co. (Madison County) 08-L-606. Recovered $191,876 where client's spouse forged client's signature to empty client's Ameren retirement accounts.
2005
Mike A Maedge Trucking v. Barry Hosto (Madison County) 05-LM-2431. Successfully defended a developer against claims for extra repairs to a subdivision.
2004
Bell Redevelopment, Inc. v Juneau Associates, Inc. (Madison County) 04-L-1300. Recovered $75,000 in costs required to correct parking lot construction where surveyor marked the location of curbs incorrectly.
2003
Korte-Luitjohan Contractors, Inc. v. City of Vandalia (Fayette County) 03-L-1371 $79,020 recovery for conditions the City knew, but failed to tell contractor about, prior to bidding its water and sewer project. In settlement, City agreed to pay contractor for all future extras to complete the project, resulting in an additional $144,000 added to the contract price.
Watson v. Country Mutual Insurance (Bond County) 03-L-29. $56,000 recovery where homeowner's insurance company refused to honor its homeowners policy.
2002
Alhambra Care Center, Inc. v. Cardinal Hill Healthcare, LLC and Cincinnati Insurance Company (Madison County) 02-L-1706. Jury verdict of $72,784 for emergency nursing home care provided by Alhambra Care to the victims of a tornado that struck Greenville, Illinois when the owner of the damaged nursing home absconded with Medicare and Medicaid payments made on behalf of the victims.
Maronie v. Killion (Madison County) 02-L-1522. $45,000 awarded to home purchasers where sellers concealed past water infiltration into the walkout basement.
Short Brothers v. Korte-Luitjohan Contractors, Inc. (Williamson County) 02-L-61. Successfully defended contractor against claim for $52,000 in extras. Case settled for a nuisance amount ($2,000).
Executor of Emma Hoemmen v. Roman Catholic Diocese of Springfield, Illinois (Macoupin County) 02-MR-27. Recovered $92,222 workmen's compensation award.
2001
Bell Redevelopment, Inc. v. Walmart Stores, Inc. (Madison County) 01-CH-211. Recovered $1,570,771.35 for site contractor and 10 subcontractors where general claimed poor workmanship and refused to pay.
Bell v. Walmart Stores, Inc. (Madison County) 01-CH-211. Recovered 2% contract finance charge due on the site contractor's material suppliers, totaling $218,861.45 when the insurance company refused to pay on bond.
2000 and prior-
Hitchens v. Farrell (Madison County) 00-CH-142. Jury verdict in favor of client in property boundary line dispute.
Zorich v. Gardner Construction (Madison County) 00-CH-194. $28,000 settlement for completion expenses to a house that the builder abandoned in the later stages of construction.
Joseph & Mary Dietl v. Nokomis Quarry Company and Material Services Corp. (Montgomery County) 95-L-50. Recovered $100,000 to farmer where rock quarry spread dust on farmer's crops and buildings.
Michael & Linda Alemond v. ALA Builders and Steve Norbury (Madison County) 95-L-1165. $94,029 jury verdict where basement caved-in due to lack of steel reinforcement.
King v. Clemmons, Jr. (Madison County) 89-L-565. $452,544 jury verdict for wrongful death in a car crash.
Landmark Realty, Inc. v. Carrolwood Center, Inc. $90,000 award to realtor for unpaid real estate commission.