Status of Class Action Lawsuit
As a private attorney not affiliated with his Senate office, Mr. Tim Grendell filed a class action lawsuit on behalf of every Ohio resident who has been denied the all-electric discount, load management, or water heating discount. If you are a resident of Ohio and you were previously receiving the all-electric discount, (moved into your house prior to 2007) you are automatically included in the lawsuit since it is a class action.
On September 9, 2010, Geauga County Court ruled that they have no jurisdiction to hear the lawsuit and that the jurisdiction belongs soley with the PUCO. Read Grendell's press release and the court's full finding here.
Mr. Grendell filed an appeal in the 11th District Court of Appeals. On Dec. 20, 2010, he also filed a brief in the same appeals court.
Oral Arguments were made by Mr. Grendell in the 11th District Court of Appeals on May 3, 2011.
The 11th District court of appeals rendered its decision on Oct 21, 2011. (View the 11th District Court of Appeals
Decision). In all points, the 11th District upheld the lower court's ruling except that they agreed that all electric homeowners should have the right to pursue claims of fraud against FirstEnergy. On December 5, 2011, FirstEnergy appealed this decision to the Ohio Supreme Court, arguing that claims of fraud were already addressed by the PUCO Decision of May 2011, and that the Ohio Supreme Court should hear this case as it is of great public interest.
As of January, 2012, this is the current status of the case. If the Ohio Supreme Court decides NOT to hear the case, then the 11th District Court of Appeals Decision will stand, and all electric homeowners will be able to pursue their claims of fraud in Geauga County Common Pleas Court. If the Ohio Supreme Court DOES hear the case, then there is a chance they can overturn the 11th District's decision that homeowners can pursue fraud charges. There is no time limit for how long the Ohio Supreme Court can take before deciding whether or not to hear a case.