People v. Philip Morris, Inc.
198 Ill. 2d 87 · Illinois Supreme Court · 2001-10-18
Holding
An attorney's lien against settlement proceeds paid by private defendants is a claim against a fund, not the state treasury, so the circuit court — not the Court of Claims — is the proper forum; the Court of Claims receives and resolves claims rather than adjudicating cases.
Context
Fee dispute from the tobacco litigation. Because the fund had never been in State possession, sovereign immunity was not implicated. Frequently cited for the Court of Claims' limited institutional role.
fund vs treasurycircuit-court forumnature of the court
Full opinion text (public domain): https://openjurist.org/198/ill2d/87/people-v-philip-morris-inc-2115089