Sheffler v. Commonwealth Edison Co.
353 Ill. Dec. 299
Ill.2011Background
- August 23, 2007 storms caused widespread ComEd outages in Illinois.
- Plaintiffs alleged negligence and Act violations and sought damages and injunctions for outages affecting a putative class.
- Multiple amended complaints were filed; circuit court dismissed third amended with prejudice and denied leave to file a fourth.
- Appellate Court affirmed dismissal, holding claims implicated the Illinois Commerce Commission (the Commission) or were barred by ComEd tariff.
- Supreme Court granted appeal to reexamine Commission jurisdiction versus circuit court, and life-support registry/Consumer Fraud Act claims.
- Court ultimately held that (i) damages claims implicate reparations and lie with the Commission; (ii) life-support registry/Consumer Fraud Act claims fail; (iii) leave to amend to assert 16-125 damages is improper as exclusive to the Commission.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether third amended complaint was properly dismissed for lack of circuit court jurisdiction | Sheffler argues circuit court has jurisdiction over civil damages | ComEd argues damages/claims fall under Commission reparations or tariff | Yes; Commission exclusive jurisdiction over reparations and damages. |
| Whether damages claims are within the Commission’s jurisdiction | Damages are ordinary civil damages properly in circuit court | Damages arise from rate/service issues within Commission domain | Damages claims fall within Commission reparations jurisdiction. |
| Whether life-support registry claims are cognizable under Consumer Fraud Act | Defendants violated public policy and CFA; life-support registry duties violated | No deceptive practice or public policy violation; statute lacks such duty | No CFA claim; life-support claims dismissed with prejudice. |
| Whether leave to amend to add Section 16-125 damages was properly denied | Amendment could pursue damages under 16-125 | 16-125 remedies exclusive to Commission; amendment improper | Yes; circuit court lacked jurisdiction; amendment properly denied. |
Key Cases Cited
- Village of Apple River v. Illinois Commerce Comm'n, 18 Ill.2d 518 (Ill. 1960) (Commission balances rates and services; rates and services are intertwined)
- Illinois Bell Switching Station Litigation, 161 Ill.2d 233 (Ill. 1994) (Tariff limits liability; service interruptions not contrary to Act)
- Adams v. Northern Illinois Gas Co., 211 Ill.2d 32 (Ill. 2004) (Tariff controls when addressing particular duty; common law otherwise)