HOUSTON – Troutman Pepper Locke obtained a significant victory for more than 40 power generation companies in the Texas Supreme Court, which declined to revive negligence claims brought by electric consumers arising out of Winter Storm Uri. The court’s decision leaves in place a lower court ruling that power generators owed no common law duty to provide electricity directly to homes or businesses during the storm.
After Winter Storm Uri delivered freezing temperatures across Texas in February 2021, many Texans lost power for several days. In the wake of the storm, numerous lawsuits were filed throughout the state against power generators, transmission distribution utilities, retail electric providers, and the Electric Reliability Council of Texas, alleging personal injury and property damage. The lawsuits were part of a multidistrict litigation in Houston and asserted claims for negligence, gross negligence, civil conspiracy, tortious interference, and nuisance. The steering committee drafted motions to dismiss and subsequent briefings on appeal that led to the ultimate dismissal of all claims against the firm’s clients. The Texas Supreme Court’s decision supports the dismissal and provides important guidance on the scope of common law duties owed by power generators in Texas.
The Troutman Pepper Locke litigation team, which served as co-counsel and played a central role in developing coordinated defense strategies, was led by David Harrell and Mia Lorick, who also served on the defense steering committee. Additional support was provided by Spencer Adkins and Nick O’Conner.
Troutman Pepper Locke’s Business Litigation Practice has a successful track record defending and prosecuting high-stakes commercial matters in federal, state, trial, and appellate courts throughout the U.S. The team handles complex multidistrict cases, class actions, and single-case litigations, representing both mid-market companies and Fortune 500 industry leaders. Additionally, Troutman Pepper Locke represents clients before administrative boards, government agencies, and domestic and international alternative dispute tribunals.
Troutman Pepper Locke
Troutman Pepper Locke helps clients solve complex legal challenges and achieve their business goals in an ever-changing global economy. With more than 1,600 attorneys in 30+ offices, the firm serves clients in all major industry sectors, with particular depth in energy, financial services, health care and life sciences, insurance and reinsurance, private equity, and real estate. Learn more at troutman.com.