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September 30, 2014

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Karmeier Pens Order Explaining Why He Won’t Recuse In Price v. Philip Morris
From the Madison County Record
Illinois Supreme Court Justice Lloyd Karmeier took a rare step last week when he rejected a request to recuse himself from the court’s review of the long running legal battle over “light” cigarette labeling — he explained why.
In a 16-page order filed last Wednesday, the same day the court announced it would again hear arguments in Sharon Price v. Philip Morris, Karmeier discussed the reasoning behind his refusal and addressed the plaintiffs’ allegations he voted to overturn the $10.1 billion verdict against the tobacco company in 2005, the year after it funneled donations to his campaign for the high court.
Pointing out the rarity of the situation, both the motion seeking his recusal and his decision to comment on his denial in a rather public and official way, Karmeier made it clear he is not bowing out of the court’s upcoming review because he believes the plaintiffs failed to provide any evidence to back up their claims.
On behalf of the plaintiffs, St. Louis attorney Stephen Tillery in May asked Karmeier to recuse himself or for the court to disqualify him from participating in the case after Philip Morris appealed the Fifth District Appellate Court’s recent ruling.
The appeals panel in April reversed Madison County Circuit Judge Dennis Ruth’s December 2013 refusal to reopen to the case and effectively reinstated the 2003 bench verdict. The plaintiffs accused Philip Morris of deceptively promoting health benefits of “light” and “lowered tar and nicotine” cigarettes in violation of consumer fraud laws.
“In reality, the notion that movant (Philip Morris) was responsible for financing my run for office ten years ago is just that, a notion,” Karmeier wrote. “It is based entirely on conjecture, innuendo and speculation which, once started, took on a life of its own for a while in the press.”
Despite being presented with “voluminous materials” showing Philip Morris didn’t financially support his campaign, Karmeier claims Tillery has been “reduced to arguing that” the company’s lack of reportable contributions during the 2004 election cycle is a “good reason to believe that” it probably made undisclosed donations to him.
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