Subject Matter Jurisdiction

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7^th Circuit Court of Appeals

Case Name: Peggy Zahn v. North American Power & Gas, LLC

Case No.: 15-2332

Officials: KANNE and SYKES, Circuit Judges, and GILBERT, District Judge

Focus: Subject Matter Jurisdiction

Peggy Zahn filed a class-action complaint against North American Power & Gas, LLC (“NAPG”)—an Alternative Retail Electric Supplier—alleging violations of the Illinois Consumer Fraud and Deceptive Business Practices Act, breach of contract, and unjust enrichment. NAPG moved to dismiss the complaint for lack of subject-matter jurisdiction and for failure to state a claim. The district court granted NAPG’s motion to dismiss for lack of subject-matter jurisdiction, believing that “Illinois law grants the [Illinois Commerce Commission (“ICC”)] exclusive jurisdiction over the matter.” Zahn v. N. Am. Power & Gas, LLC, No. 14 C 8370, 2015 WL 2455125, at *3 (N.D. Ill. May 22, 2015). The district court alternatively granted NAPG’s motion to dismiss for failure to state a claim, addressing the merits of the suit. This appeal followed.

Vacated and Remanded

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.