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PROCTOR v. UPJOHN CO.

No. 80060.

677 N.E.2d 918 (1997)

175 Ill.2d 394

222 Ill.Dec. 384

Meyer PROCTOR et al., Appellants, v. The UPJOHN COMPANY et al., Appellees.

Supreme Court of Illinois.

Rehearing Denied March 31, 1997.

Attorney(s) appearing for the Case

Barry D. Goldberg of Goldberg & Goldberg, Ann Herbert (David A. Novoselsky and Linda A. Bryceland of David A. Novoselsky & Associates, of counsel), Chicago, for appellants.

Alan N. Salpeter and Lily Fu, Chicago, Andrew L. Frey and Alan E. Untereiner, Washington, D.C., all of Mayer, Brown & Platt, Todd W. Kingma, Kalamazoo, Michigan, for appellee The Upjohn Co.

Hinshaw & Culbertson (Stephen R. Swofford, of counsel), Bollinger, Ruberry & Garvey (Maurice J. Garvey, of counsel), Chicago, for appellee Michael J. Davis.

Thomas H. Fegan of Johnson & Bell Ltd., Chicago, Bruce N. Kuhlik and Jennifer A. Johnson of Covington & Burling, Washington, D.C., (Russel A. Bantham and Marjorie E. Powell, Washington, D.C., of counsel), for amicus curiae Pharmaceutical Research & Manufacturers of America.

Hugh C. Griffin of Lord, Bissell & Brook, Chicago, Robert N. Weiner of Arnold & Porter, Washington, D.C. (Hugh Young, Jr., Reston, Virginia, of counsel), for amicus curiae The Product Liability Advisory Council, Inc.

Chief Justice HEIPLE delivered the opinion of the court:

The sole issue in this case is whether a decision of the appellate court obtains within the meaning of the Illinois Constitution (Ill. Const. 1970, art. VI, § 5), the Appellate Court Act (705 ILCS 25/1(d) (West 1994)), and the rules of this court (145 Ill.2d R. 22(c)) where two judges concur in the opinion, the third judge dissents, and one of the concurring judges then vacates his office before the opinion...

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