Some test cases will be underway soon.
During the past year, the wrongful-death, personal injury and property damage lawsuits — nearly all consolidated before one judge in Houston — moved at a snail’s pace. Hardly any court hearings were conducted. No witnesses were deposed. Settlement discussions never took place.
The next two months, however, are pivotal to the survival of the lawsuits.
On orders of a judge, plaintiffs’ attorneys have spent recent weeks updating their cases, adding dozens of corporations as defendants and presenting new theories about why the power grid nearly collapsed in the brutal cold, leaving millions without power and contributing to the deaths of hundreds.
Key defendants in most of the earliest lawsuits were the Electric Reliability Council of Texas, which manages the state’s electricity grid, and large generators and transmission companies such as CenterPoint Energy, TXU Energy, Reliant and NRG Energy.
Now the suits have added the power providers’ parent companies, subsidiaries and business partners, such as power producers and retailers such as Vistra, Duke Energy, NextEra and Talen Energy.
Judge Sylvia Matthews has given attorneys until Feb. 28 to choose five individual suits from the 174 brought by more than 400 plaintiffs to be so-called test cases.
“By all accounts, this is a judge who wants these cases to move forward and doesn’t allow grass to grow under her feet,” said Mikal Watts, a Houston lawyer who represents 65 people in the cases.
Not all the legal disputes are part of the multidistrict litigation.
For example, nearly all the energy companies named in the wrongful-death, personal injury and property lawsuits also are battling each other and ERCOT over issues such as wholesale power pricing that reached $9,000 per kilowatt-hour.
“Lawyers on both sides agree that the financial ramifications of Winter Storm Uri caused the biggest transfer of wealth in Texas history,” said Houston lawyer Derek Potts, who is involved in several of the pending lawsuits. “The question is, ‘Was it legal?’”
“Actual discovery has not even started, and that is when we will pinpoint what links in the chain are to be held responsible,” he added. “The pipeline companies, for example, reaped a tremendous windfall from Winter Storm Uri and the outrageous prices. Is that legal?”
See here for some background on the cases before Judge Matthews and our new best friend, the Texas Multidistrict Litigation Panel, for which I still want someone to write me a long background story. I’m very interested both in those five initial test cases and in the fight over the ridiculous price level that power was allowed to reach last year. I’d sure like for the answer to those questions posed to be “No”, but I have no idea what it would mean if a court were to make that decision. Not that I wouldn’t want to find out, just that it would be more chaotic than if the Legislature took action. But chaos may be the only way forward, so here we are. Original story is from Texas Lawbook, but it’s behind a paywall. The above is taken from the Chron excerpt.