Texas Supreme Court to Review Winter Storm Litigation

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Texas Supreme Court to Review Winter Storm Litigation
TEXASSUPREME COURTWINTER STORM
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The Texas Supreme Court will hear arguments in a major case concerning the 2021 winter storm, potentially impacting thousands of lawsuits against power utilities.

As we brace for a winter storm, the Texas Supreme Court has agreed to hear arguments in a significant case stemming from the deadly 2021 winter storm. The state's highest court will determine if over 15,000 plaintiffs can proceed with their claims against Texas utilities.

With the prospect of another winter storm looming, Texans are inevitably reminded of past winter storms, particularly the February 2021 event that triggered widespread and prolonged power outages, resulting in fatalities and property damage. Thousands of individuals filed lawsuits against the state's power transmission companies following the storm. In April, the 14th Court of Appeals in Houston ruled that certain claims could move forward. Subsequently, in December, the Texas Supreme Court decided to review the case and schedule a hearing. This action suggests the justices may aim to modify the lower court's ruling. Chad Ruback, an appellate lawyer in Dallas not involved in the case, commented, 'The Supreme Court has a heavy workload. They wouldn't dedicate the time and resources for a hearing unless they intend to make adjustments to the lower court's decision.' Ruback explains that the core argument revolves around whether power transmission companies, such as Oncor in North Texas, could have taken different actions during the 2021 crisis when ERCOT instructed utilities to curtail power to homes and businesses to alleviate stress on the state's power grid. 'They could have perhaps turned off power to different neighborhoods, or in the neighborhoods they did choose, they might have implemented shorter or longer blackout durations. They could have also ensured the power restoration occurred precisely when intended after these rolling blackouts. This forms the basis of the lawsuit,' he stated. Power transmission companies are responsible for maintaining the infrastructure of wires that distribute electricity across the state

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TEXAS SUPREME COURT WINTER STORM UTILITIES LAWSUITS

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