Jump to full article: The Washington Post, 2006-05-05
Author: RYAN KEITH / The Associated Press
Intro: The Illinois Supreme Court said Friday it will not reconsider its decision to throw out a $10 billion verdict against tobacco manufacturer Philip Morris USA, drawing harsh criticism and promises of an appeal to the nation's highest court.
The court issued an order Friday denying plaintiffs' request to rehear the case. . . .
The state Supreme Court did not comment on why it refused to reconsider the case, but two justices strongly disagreed.
Justices Charles Freeman and Thomas Kilbride said the rest of the court overlooked or misunderstood significant questions raised by the plaintiffs in the class-action lawsuit, which involved 1.1 million people who had bought "light" cigarettes in Illinois.
They said the court seemed more concerned with ending the case than making the most informed decision.
"The court's denial of the petition for rehearing does not speak well of the court," Freeman wrote in a 14-page dissent. "It is disappointing, and will ultimately prove to be embarrassing. History will be the judge." . . .
But plaintiffs argued that the FTC had rescinded the order allowing that type of advertising. They urged the court to ask the FTC for more guidance, and Freeman and Kilbride agreed that should have been done.
"It's beyond curious to us as to why the court with a matter of this magnitude would not refer the matter to the FTC," Tillery said. "Who knows?"
Tillery said he plans to make similar arguments to the U.S. Supreme Court but doesn't expect an answer until the fall.
One legal expert said Freeman's dissent is unusual in specifically spelling out that the court should have asked for FTC involvement.
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