Mitsubishi Electric & Electronics USA, Inc. v. Duke Power Co.

HUDSON, Judge.

Appellant Mitsubishi Electric & Electronics USA, Inc. (“MEUS”) brought suit against the appellees (“Duke Power”) in May 2001, seeking recovery of payments made for electrical services. In its complaint, MEUS asserted both breach of contract and tort claims. Duke Power then filed a motion to dismiss for lack of subject matter jurisdiction and, in the alternative, a stay pending review by the North Carolina Utilities Commission (“Utilities Commission”). In October 2001, the trial court granted Duke Power’s motion to dismiss the contract claims for lack of subject matter…