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ComEd Tells Ill. Judge Customers Can't Sue Over Bribery.

Law 360
August 4, 2021

Commonwealth Edison Co. told a Cook County judge Tuesday that she lacks the jurisdiction to hear a case brought by customers claiming they paid higher electrical bills after the utility bribed public officials to ensure passage of legislation benefiting it, saying the court can't reject rates established by a state regulator.

A proposed class of Illinois ComEd customers suing the Exelon subsidiary can't get tort damages from paying rates that are authorized by state law, and the plaintiffs aren't challenging the validity of that law in their complaint, Matthew Price of Jenner & Block LLP said during remote arguments Tuesday morning on ComEd's bid to dismiss the case. The forum to resolve their issue is at the state legislature, not the courts, he said.

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