Austin Attorneys Obtain Nonsuit for Client in Winter Storm Uri MDL
Oct 17, 2022
Austin partner Tasha Barnes and senior attorney Morgan Wells obtained a nonsuit by the Plaintiffs for their energy client following their argument of a Plea to the Jurisdiction. Thompson Coe’s client was the only defendant to be non-suited after numerous defendants presented their motions over the course of two days.
Background
The case involved a Multi-District Litigation (MDL), which consolidated the property and personal injury claims asserted by those affected by historic Winter Storm Uri. Currently, there are five bellwether cases, including one in which 90 plaintiffs asserted claims against Thompson Coe’s client. Thompson Coe represented an electric cooperative in this litigation. Bellwether trials or cases act as “test” cases in large mass tort litigation involving large pools of plaintiffs.
Analysis
A Plea to the Jurisdiction was filed based on the dual arguments that the electric cooperative could not be liable for certain claims based upon the language of its tariff and that certain Plaintiffs did not have standing to bring suit against the electric cooperative.
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