Dist. Ct. did not err in dismissing for failure to state cause of action, plaintiffs-consumers’ RICO action, alleging that defendants bribed former Illinois House Speaker to shepherd three bills through state legislature that were favorable to defendant utility company, which, among other things, implemented statutorily prescribed, performance-based rate increases, as well as secured amendments that curbed ICC’s regulatory authority and provided funding for nuclear plants operated by utility’s parent company. Filed rate doctrine precluded plaintiffs from pursing instant RICO action, since plaintiffs suffered no legally cognizable injury when paying rate that had been properly filed with ICC. As such, plaintiffs were not injured in their business or property for purposes of proceeding under RICO. Moreover, filed rate doctrine bars any judicial determination of reasonable utility rates.
Federal 7th Circuit Court
Civil Court
RICO