In re Commonwealth Edison Company Illinois Consumer Fraud Litigation

In a consolidated appeal of two cases involving class action lawsuits alleging bribery, fraud, and unjust enrichment related to the passage of legislation favorable to a utility company, the appellate court was asked to consider whether the trial court erred when it denied plaintiffs leave to file a third amended complaint, whether the trial court erred when it ruled that it lacked jurisdiction as a result of the separation of powers doctrine, and whether the plaintiffs adequately pled proximate cause. The appellate court affirmed the judgment of the circuit court dismissing the complaints filed by the plaintiffs. The appellate court concluded that under the facts of the case, there was no avenue for the plaintiffs to allege causation without asking the court to invade the province of the legislature. (MITCHELL and NAVARRO, concurring)