Illinois American Water and American Lake Water obtain dismissal of breach of contract action

Client(s) Illinois-American Water Company and American Lake Water Company

On June 2, 2016, Jones Day clients Illinois-American Water Company and American Lake Water Company obtained a dismissal of a breach of contract action. The plaintiff alleged that Illinois-American Water Company and American Lake Water Company's alleged breach of a contract resulted in an overcharge to plaintiff for water delivery services. After the Will County Circuit Court issued an order regarding the parties' summary judgment motions and motions for reconsideration, all parties appealed the final order. On appeal in the Third Appellate District of Illinois, the water companies sought and won a reversal of the circuit court's finding that it had jurisdiction over the case. The court found that the Illinois Commerce Commission has exclusive jurisdiction over plaintiff's claim. Because the court had no jurisdiction over the case, it vacated the judgment of the circuit court and dismissed the appeal.

Bolingbrook v. Illinois-American Water Co., No. 150425 (Il. App.)