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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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