Our panel of leading appellate attorneys review Wednesday's Illinois Supreme Court opinions in the civil cases Price v. Philip Morris, Inc., The Henderson Square Condominium Association v. LAB Townhomes LLC and Folta v. Ferro Engineering. Price v. Philip Morris, Inc.By Michael T. Reagan, Law Offices of Michael T. ReaganHolding that 735 ILCS 5/2-1401 does not authorize a circuit court to vacate the judgment of a reviewing court, the supreme court vacated the judgments of both the circuit and appellate courts in this latest of many rounds following the entry of a judgment for compensatory and punitive damages in the amount of $10.1 billion following a bench trial in Madison County in March, 2003. Previously, that money judgment of the circuit court was reversed by the supreme court upon a direct review under SCR 302(b). That plurality opinion found that the Federal Trade Commission had specifically authorized the use of descriptors for light cigarettes, thereby effectively barring plaintiffs’ complaint by operation of Section 10b(1) of the Consumer Fraud Act. There, the supreme court remanded to the circuit court with instructions to dismiss the case, which was done.
