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PRICE v. PHILIP MORRIS, INC.

No. 5-13-0017.

9 N.E.3d 599 (2014)

2014 IL App (5th) 130017

380 Ill. Dec. 928

Sharon PRICE and Michael Fruth, Individually and on Behalf of All Others Similarly Situated, Plaintiffs-Appellants, v. PHILIP MORRIS, INCORPORATED, Defendant-Appellee.

Appellate Court of Illinois, Fifth District.

April 29, 2014.

Attorney(s) appearing for the Case

George A. Zelcs , Maximilian C. Gibbons , and Matthew C. Davies , all of Korein Tillery LLC, and Joseph A. Power, Jr. , of Power Rogers & Smith, P.C., both of Chicago, Stephen M. Tillery and Robert L. King , both of Korein Tillery LLC, of St. Louis, Missouri, Nina Hunter Fields , of Richardson, Patrick, Westbrook & Brickman, LLC, of Mt. Pleasant, South Carolina, and Michael J. Brickman , of Richardson, Patrick, Westbrook & Brickman, LLC, of Charleston, South Carolina, for appellants.

George C. Lombardi , of Winston & Strawn LLP, Michele Odorizzi , of Mayer Brown LLP, and Kevin M. Forde , of Kevin M. Forde Ltd., all of Chicago, and Larry Hepler , of HeplerBroom, LLC, of Edwardsville, for appellee.

OPINION

Justice CHAPMAN delivered the judgment of the court, with opinion.

¶ 1 The plaintiffs appeal an order denying their petition for relief from judgment (735 ILCS 5/2-1401 (West 2006)). The petition was filed under an unusual set of procedural circumstances. The plaintiffs filed a lawsuit alleging that the defendant's use of the terms "light" and "low tar" in advertising its cigarettes constituted fraud. The plaintiffs prevailed at trial; however...

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