Skip to main content
· 10/27/2006

Commonwealth Edison Co. v. COMMERCE COM'N

Citations

  • 858 N.E.2d 65
  • 306 Ill. Dec. 620

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that “[t]he law-of-the-case doctrine binds a court only where a court’s prior order was final” and declining to treat transferor court’s jurisdictional ruling as binding on transferee court
  • stating that the denial of a motion to dismiss is an interlocutory order which “may be modified or revised by a successor court at any time prior to final judgment”
  • \Cermak Health Services instructs further that the legislative enactment will be struck down where it ‘\unduly infringe[s] upon [our supreme court’s] constitutional rule-making authority\’\
  • \An interlocutory order is one that does not dispose of all of the controversy between the parties.\
  • “Cermak Health Services teaches that where the legislature expressly exercises its authority to promulgate those rules, it may preempt a supreme court rule addressing the same subject.”
  • “Because the legislature did not express an intent to exercise its power to promulgate a rule preempting Rule 303(a)(1)’s ‘last pending post-judgment motion’ provision, Rule 303(a) is applicable here.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Kapala

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.