Next round begins in lawyers' battle for billions; Tillery team seeks to restore Price, disqualify Karmeier
SPRINGFIELD – Lawyer Stephen Tillery wants all Illinois Supreme Court Justices except Lloyd Karmeier to consider restoring a $10 billion judgment he won against cigarette maker Philip Morris in 2003. On Nov. 17, Robert King of Tillery’s firm moved to recall a mandate the Court issued against the judgment in 2005. King also moved for Karmeier’s recusal or disqualification, citing an objective and reasonable public perception of his bias in favor of Philip Morris.
Pig farm odor suit belongs in Macoupin County where plaintiffs and defendants reside; Fifth District reverses Lopinot
MOUNT VERNON – Macoupin County residents who sued owners of a nearby pig farm must pursue the claim in their courthouse rather than St. Clair County, Fifth District appellate judges ruled on Nov. 16. They reversed Circuit Judge Vincent Lopinot, who rejected challenges to St. Clair County jurisdiction from the start of the action in 2012.
Supreme Court overturns reinstatement of Price v. Philip Morris, but leaves door slightly open for another Tillery appeal
SPRINGFIELD – Fifth District appellate judges placed themselves above the Illinois Supreme Court when they reinstated a $10 billion Madison County judgment against cigarette maker Philip Morris, the Supreme Court ruled on Nov. 4. The high court ruled 4-2 to overturn the Fifth District, but Justices did not shut down the 15 year old action. Instead, they invited a direct petition to recall a mandate they issued in favor of Philip Morris in 2006.
"Prohibiting Page from possessing his pet chickens on his property would mean that any person who has agricultural products such as fruit trees and vegetable gardens would also be in violation of the zoning code," Cates wrote. "We agree that Page's use of his property is residential, and the chickens, which are not otherwise prohibited, are an incidental permitted use of the property."
Illinois Supreme Court orders Fifth District to review record in protracted case out of St. Clair Co.
Another round of judicial review lies ahead in an asbestos contractor's protracted battle against a state agency involving cleanup of federal grounds. The Illinois Supreme Court has ordered the Fifth District to review the record on appeal to determine whether a St. Clair County circuit court abused its discretion in denying Lake Environmental's motion for sanctions against the Illinois Department of Public Health.
With two appellate court seats up for grabs next year at the Fifth District Appellate Court, so far just two candidates outside the Metro-East have announced their intentions to run. Second Judicial Circuit Court Judge Jo Beth Weber, resident judge in Jefferson County, will be running on the Democratic ticket for the seat that James Wexstten vacated in January 2014.
MOUNT VERNON – Victims of bid rigging in the Madison County courthouse can pursue a class action, Fifth District appellate judges decided on Aug. 17. Justices Richard Goldenhersh and Bruce Stewart denied a petition from the county to review a class certification order from the county’s circuit court. Justice James Moore would have granted review. Clinton County Associate Judge William Becker, presiding in Madison County by special appointment, certified the class action in June. Plaintiffs c
MOUNT VERNON – Disputes over profits from video gaming belong at the Illinois Gaming Board rather than in courts, Fifth District appellate judges ruled on Aug. 7. On their own motion they dismissed a Madison County suit for lack of jurisdiction, after both sides told them the suit belonged in court.
Tillery Philip Morris is back in Madison County.
Tucked away in the vaults of Illinois' five appellate courts, most decisions arrived at by justices barely see the light of day. Illinois Supreme Court "Rule 23" maintains that non-precedential rulings, the vast majority of those delivered, need only be distributed to litigants and the trial court.