Jump to full article: Belleville (IL) News-Democrat, 2007-08-23
Author: BRIAN BRUEGGEMANN News-Democrat
Intro: The Illinois Supreme Court has again snuffed out a $10.1 billion judgment in a Madison County class-action lawsuit against cigarette maker Philip Morris USA.
The decision Wednesday by the high court is the latest in a string of setbacks in the case for Belleville attorney Stephen Tillery, who won the judgment in 2003 on behalf of Illinois smokers of Marlboro Lights, only to have it thrown out on appeal.
. . .
In January, Tillery told Byron the Illinois Supreme Court would likely change its mind on the case based on a brief filed for the FTC in a different case. The brief stated the FTC has never regulated the definition of "light" cigarettes. At Tillery's request, Byron in May issued a ruling that allowed Tillery to pursue another appeal.
The state Supreme Court on Wednesday ordered that Byron reverse his decision from May, killing the case again.
Tillery said he has another option available for reviving the case: filing a motion arguing that new evidence has emerged -- the FTC brief. . . .
Illinois Supreme Court Justice Charles Freeman wrote a dissent to the ruling Wednesday, saying the court should have learned more about the FTC's role. Freeman said he warned that the court's first ruling would eventually "prove embarrassing."
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