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15-2332 - Peggy Zahn v. North American Power & Gas, LL


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15-2332 - Peggy Zahn v. North American Power & Gas, LL
March 4, 2016
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Filed opinion of the court by Judge Kanne. We respectfully request the Illinois Supreme Court to answer the following controlling question of law: Does the ICC have exclusive jurisdiction over a reparation claim, as defined by the Illinois Supreme Court in Sheffler v. Commonwealth Edison Company, 955 N.E.2d 1110 (Ill. 2011), brought by a residential consumer against an Alternative Retail Electric Supplier, as defined by 220 ILCS 5/16-102? The Clerk of this Court will transmit the briefs and appendices in this case to the Illinois Supreme Court, together with this opinion. Upon the request of the Illinois Supreme Court, the Clerk will transmit all or any part of the record as that Court so desires. Further proceedings in this Court are stayed while this matter is under consideration by the Supreme Court of Illinois Michael S. Kanne, Circuit Judge; Diane S. Sykes, Circuit Judge and J. Phil Gilbert, District Court Judge*. *Of the United States District Court for the Southern District of Illinois, sitting by designation. [6733554-1] [6733554] [15-2332]
February 8, 2017
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Filed opinion of the court by Judge Kanne. The district court's decision is REVERSED that it lacked jurisdiction to hear this case, its decision regarding the merits is VACATED, and the case is REMANDED for further proceedings consistent with this opinion. Michael S. Kanne, Circuit Judge; Diane S. Sykes, Circuit Judge and J. Phil Gilbert,* District Court Judge. *(The Honorable J. Phil Gilbert, of the United States District Court for the Southern District of Illinois, sitting by designation.) [6817324-1] [6817324] [15-2332]