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.https://leagle.com/images/logo.png
Decision filed April 29, 2014.
Decision filed April 29, 2014.
Attorney(s) appearing for the Case
Stephen M. Tillery , Robert L. King , KOREIN TILLERY LLC, One U.S. Bank Plaza, 505 North 7th Street, Suite 3600, St. Louis, MO 63101-1625; George A. Zelcs, Maximilian C. Gibbons , Matthew C. Davies , KOREIN TILLERY LLC, 205 North Michigan Avenue, Suite 1940, Chicago, IL 60601; Joseph A. Power , Jr., Power Rogers & Smith, P.C., Three First National Plaza, 70 West Madison Street, 55th Floor, Chicago, IL 60602; Nina Hunter Fields , Richardson, Patrick, Westbrook & Brickman, LLC, 1017 Chuck Dawley Blvd., P.O. Box 1007, Mt. Pleasant, SC 29465; Michael J. Brickman , Richardson, Patrick, Westbrook & Brickman, LLC, 174 East Bay Street, P.O. Box 879, Charleston, SC 29401. Attorneys for Appellants.
George C. Lombardi , WINSTON & STRAWN LLP, 35 West Wacker Drive, Chicago, IL 60601-9703; Larry Hepler , HEPLERBROOM, LLC, 130 North Main Street, P.O. Box 510, Edwardsville, IL 62025-0510; Michelle Odorizzi , MAYER BROWN LLP, 71 South Wacker Drive, Chicago, IL 60606-4637; Kevin M. Forde , KEVIN M. FORDE LTD., 111 West Washington Street, Suite 1100, Chicago, IL 60602, Attorneys for Appellee.
Justices Stewart and Schwarm concurred in the judgment and opinion.
Appellate Court of Illinois, Fifth District.
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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