WERNIKOFF v. RCN TELECOM SERVICES OF ILL.

No. 1-02-2475.

791 N.E.2d 1195 (2003)

341 Ill. App.3d 89

274 Ill.Dec. 784

Sheldon WERNIKOFF, Indiv. and on Behalf of Those Similarly Situated, Plaintiff-Appellee, v. RCN TELECOM SERVICES OF ILLINOIS, INC., and RCN Corporation, Defendants-Appellants.

Appellate Court of Illinois, First District, Fourth Division.

June 5, 2003.


Attorney(s) appearing for the Case

Piper, Marbury, Rudnick & Wolfe, Chicago (Paul J. Campbell, Christopher J. Townsend, David I. Fein, of counsel), for Defendants-Appellants.

Jonah Orlofsky, Richard A. Shapiro, Robert D. Allison & Associates, Chicago (Robert D. Allison, Steven Schneck), for Plaintiff-Appellee.


Justice GREIMAN delivered the opinion of the court:

Plaintiff, Sheldon Wernikoff, filed a three-count class-action complaint against the defendants RCN Telecom Services and RCN Corporation (collectively, defendants or RCN). Defendants filed a motion to dismiss under section 2-619 of the Code of Civil Procedure (735 ILCS 5/2-619(a)(1) (West 2000)), on the grounds that exclusive subject matter jurisdiction lay with the Illinois Commerce Commission (the Commission) because...

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