CLAIMS BARRED AGAINST "PAY TO PLAY," BRIBED AND APPROVED RATES.

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In South Branch LLC v. Commonwealth Edison Co., Nos. 21-2861, 21-2872 & 21-2873, 2022 WL 3581782 (7th Cir. Aug. 22, 2022), two judges on a Seventh Circuit panel led by Judge Diane Sykes reached for an immunity that the trial court did not touch to bar claims against ComEd:  the filed rate doctrine.

Judge Sykes has reached out to the filed rate doctrine to bar claims in other cases; in this case the trial court dismissed the plaintiffs' RICO claims against ComEd on other grounds entirely.

The record left no doubt but that the rates in question were approved by the regulatory agency as a result of favorable legislation for higher rates.  "To secure passage of favorable legislation, ComEd engaged in a yearslong 'pay to play' scheme[.]"  The scheme in short involved bribes paid to Illinois State Government officials in order to secure the legislation.  ComEd, 2022 WL 3581782, at *1.

Because of the filed rate doctrine, the plaintiffs could not sue.  The two judges on the panel held that they were not "injured" under RICO as a result.  ComEd, 2022 WL 3581782, at *3.

The remaining judge on the panel concurred but expressly stated that she would not rule on the basis of the filed rate doctrine in this case.  Instead, she based her vote on an 1810 decision that in her eyes prohibits judges from inquiring into the motives of legislators.   ComEd, 2022 WL 3581782, at *6

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