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Price v. Philip Morris12/15/2005
ministered by an regulatory body or officer acting under statutory authority of this State or the United States." Because PMUSA asserted section 10b(1) as an affirmative defense, PMUSA has the burden of proving it. See Pascal P. Paddock, Inc. v. Glennon, 32 Ill. 2d 51, 54 (1964) (observing "elementary" rule that party asserting affirmative defense has the burden of proving it); In re Marriage of Jorczak, 315 Ill. App. 3d 954, 957 (2000) (same).
After reviewing the plain language of the statute, this court's case law concerning section 10b(1), and the facts in this case, I am unable to conclude, as the court today does, that section 10b(1) exempts Philip Morris from suit. I believe that a fair reading of the statute compels the conclusion that the policies of the FTC, as presented at trial, do not rise to the level of specific authorization contemplated by our legislature when it enacted the statute.
My colleagues correctly point out that the primary rule of statutory construction is to ascertain and give effect to the intent of the legislature; that the best indicator of legislative intent is the statutory language; that a court gives undefined words their plain and ordinary meaning; and that it is appropriate to use a dictionary to ascertain the meaning of undefined terms. Slip op. at 48-49. I note, however, that the court ignores several other principles of statutory construction. For example, the court does not mention that, in examining a statute's plain language, " ` he statute should be evaluated as a whole, with each provision construed in connection with every other section.' " Eden Retirement Center, Inc. v. Department of Revenue, 213 Ill. 2d 273, 291 (2004), quoting Paris v. Feder, 179 Ill. 2d 173, 177 (1997); accord In re Detention of Lieberman, 201 Ill. 2d 300, 308 (2002) (recognizing that "words and phrases should not be construed in isolation, but must be interpreted in light of other relevant provisions of the statute"); Huckaba v. Cox, 14 Ill. 2d 126, 131 (1958); 2A N. Singer, Sutherland on Statutory Construction §46:05 (6th ed. 2000); 73 Am. Jur. 2d Statutes §165 (2001). Nor does the court acknowledge the fundamental canon of statutory construction which provides that "in determining the intent of the legislature, the court may properly consider not only the language of the statute, but also the reason and necessity for the law, the evils sought to be remedied, and the purpose to be achieved." Lieberman, 201 Ill. 2d at 308.
Section 11a of the Consumer Fraud Act mandates: "This Act shall be liberally construed to effect the purposes thereof." 815 ILCS 505/11a (West 1998). By virtue, then, of its plain language, courts are mandated to give the Act a liberal construction: "This section provides a clear mandate to Illinois courts to utilize the Act to the greatest extent possible to eliminate all forms of deceptive or unfair business practices and provide appropriate relief to consumers." Totz v. Continental Du Page Acura, 236 Ill. App. 3d 891, 901 (1992); accord American Buyers Club of Mt. Vernon, Illinois , Inc. v. Honecker, 46 Ill. App. 3d 252, 257 (1977) (expressly referring to statute). Thus, in construing the exemption provided in section 10b(1) of the Act, it is not merely proper for this court to consider, inter alia, the evils sought to be remedied and the purpose to be achieved, but the Act itself affirmatively mandates such consideration. Although the court acknowledges that the Act is to be liberally construed (slip op. at 50), its actual interpretation of section10b(1) is decidedly not a liberal one, as it constricts, rather than expands, the Act's ambit.
What does "liberal construction" mean?
"Liberal statutory construction signifi
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