“ The issue for my determination which is not addressed in Fopay is what constitutes proper evidence of Philip Morris Incorporated's actual value or "worth." Philip Morris contends that only book value is proper evidence, but the Court finds that is not the law in this state. The Fifth District has held that discovery "aimed at discovering defendant's net worth or pecuniary position" is entirely proper on the issue of punitive damages. ”

“ Benowitz and other expert witnesses explained that the reason compensation occurs is that smokers regulate their intake of nicotine, a pharmacologically active drug. Smokers change their smoking behavior in largely unconscious ways, particularly with respect to the products at issue in this case, to obtain the dose of nicotine required by each individual smoker. Although the nicotine level required by each smoker may vary among smokers, the fact that each smoker will obtain the same amount of nicotine and tar from these Lights cigarettes as from their regular counterparts does not vary. ”

“ As a threshold matter, the mere existence of potential other reasons for a consumer to prefer the products at issue in this case does not vitiate or eliminate the fraud associated with the health representation as a causative influence on all Class members' purchase decisions. "A person is liable for his or her conduct whether it contributed wholly or partly to the plaintiffs' injury as long as it was one of the proximate causes of the injury." ”

“ The Court has considered these factors and determined that an award of three billion dollars ($3 billion) is appropriate under the facts and circumstances of this case. This entire sum of punitive damages is, hereby, awarded to the State of Illinois.
Attorneys who recover a common fund for the benefit of persons other than themselves and their clients are entitled to compensation for their services out of the fund as a whole. ”

“ Presser explained that most of these surveys measured the wrong population. The surveys relied upon by Philip Morris included both non-smokers and smokers of cigarette products other than Lights cigarettes. Therefore, the survey data was not representative of any percentage of Light smokers specifically. Other survey data offered by Philip Morris asked questions not related in any way to the critical questions at issue in this case. ”

“ Both Plaintiffs and Defendant offered testimony from economists regarding the proper economic method to measure the damages to the Class. Plaintiffs offered the testimony of Dr. Jeffrey Harris, an expert economist from MIT who is not only a Professor of Economics but also a full time practicing physician. Defendant offered Dr. Kip Viscussi, a Professor of Law and Economics at Harvard Law School. Both of these economic experts were qualified to render opinions regarding economic theory. However, the Court finds the testimony of Dr. ”

“ DePaul University College of Law Loyola University Chicago School of Law (2.) Six percent (6%) to the American Cancer Society for Research in tobacco related cancers. (3.) Three percent (3%) to all domestic violence programs in the State of Illinois. ”