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Illinois court won't reopen Philip Morris case

  Law Center  -   POSTED: 2007/08/24 15:51

The Illinois Supreme Court denied requests that would have reopened a case filed by the state's smokers of "light" cigarettes against Philip Morris USA, according to a court document. The 4-2 ruling, posted on the court's Web site on Wednesday, stamps out efforts by plaintiffs to resurrect the failed case against the largest U.S. cigarette maker, a unit of Altria Group Inc.

Plaintiffs in the case had sued the company on behalf of Illinois residents who bought light cigarettes since the introduction of Marlboro Lights in 1971.

The lower court had found in favor of the plaintiffs and awarded them $10.1 billion in damages, but the decision was overturned by the state Supreme Court, which also directed the lower court to dismiss the action last year.

In May this year, however, after the U.S. Supreme Court took up another case against Philip Morris, the circuit court of Madison County asked whether it had jurisdiction to consider the plaintiff's request to set aside the Illinois Supreme Court's judgment in light of new developments.

But on Wednesday, the state Supreme Court denied the request and directed the lower court to enter an order dismissing the plaintiffs' motion.

Two Illinois Supreme Court justices, however, dissented.

"The court's action today is entirely predictable because it quickly and quietly closes the book on a case that a majority of this court, I am sure, would rather forget," Justice Charles Freeman wrote in his dissent.


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