December 15, 2005

NCLC Praises Decision in "Lights" Tobacco Litigation Case
 
WASHINGTON, D.C.-The National Chamber Litigation Center today applauded the Illinois Supreme Court for dismissing the class action case, Price, et al. v. Philip Morris Inc., overturning a multi-billion dollar award against the tobacco company and striking a blow to trial lawyers who seek to use Madison County as a haven for their abuse of class action cases.

"The Illinois legal system is finally getting back on track," said Robin S. Conrad, Senior Vice President of NCLC, the public policy law firm of the United States Chamber of Commerce, which filed an amicus curiae brief in support of Philip Morris in the case. "This well-reasoned decision, complemented by two other recent opinions issued by the Illinois Supreme Court, serves notice that the Illinois courts are off to a good start in carefully scrutinizing all claims and rejecting regulation-by-litigation as advanced by the plaintiffs' bar."

The case was filed by five named plaintiffs, on behalf of an estimated 1.14 million smokers, who allege they were misled into thinking low-tar cigarettes were more healthful than regular cigarettes. The court should not have certified the alleged consumer fraud class action, because questions of reliance and damages turn on individual, rather than common, questions of law and fact.

Since Illinois law does not require a jury in consumer fraud proceedings, Judge Nicholas Byron of the Madison County Circuit Court granted the class $7.1 billion in compensatory damages and $3 billion in punitive damages. Trial lawyers representing the class sought 25 percent of the compensatory award-or almost $2 billion for their services.

NCLC is a membership organization that files lawsuits and amicus curiae briefs advocating the fair treatment of business in the courts and regulatory agencies.