Price v. Philip Morris, Inc.

Illinois Supreme Court
Civil Court
Class Actions
Citation
Case Number: 
2015 IL 117687
Decision Date: 
Wednesday, November 4, 2015
District: 
5th Dist.
Division/County: 
Madison Co.
Holding: 
Vacated and dismissed.
Justice: 
BURKE
Plaintiffs filed class action lawsuit in 2000 alleging that Defendant's use of the terms "lights" and "lowered tar and nicotine" on packaging and in marketing of certain cigarettes violated Consumer Fraud and Deceptive Business Practices Act and Uniform Deceptive Trade Practices Act. In 2005, on direct review, Illinois Supreme Court reversed circuit court's $10.1 billion judgment entered after bench trial, finding that FTC had specifically authorized Defendant's use of those descriptors in a 1971 and 1995 consent orders. Circuit court does not have authority to vacate a judgment of a higher court, and thus circuit court erred in considering merits of Plaintiffs' Section 2-1401 petition; that petition should have been dismissed. Plaintiffs' remedy is to file a motion pursuant to Supreme Court Rule 361 to recall mandate in reviewing court in which contested judgment was rendered. (GARMAN, KARMEIER, and THEIS, concurring; FREEMAN and KILBRIDE, dissenting.)