Texas Supreme Court hearing on 2021 winter storm lawsuits could signal plan to change ruling

Whether over 15,000 plaintiffs can proceed with their claims against Texas utilities will be determined by the state’s top court. According to one legal expert, this could indicate that the justices wish to alter the decision of the lower court.


    • The Texas Supreme Court will hear arguments on Feb. 19 over whether more than 15,000 plaintiffs can move forward with their claims against Texas utility companies.

    • Thousands of people filed lawsuits against the state s power transmission companies in the wake of the deadly 2021 Texas winter storm that crippled the state’s power grid, resulting in dozens of deaths.

    • In April, the 14th Court of Appeals in Houston decided certain claims can move forward. In December, the Texas Supreme Court decided it would review the case and hold a hearing.

    • The court’s decision will not be immediate. It will come down in a written opinion, which could take weeks or even months to issue.

  • The Texas Supreme Court will hear arguments on Feb. 19 over whether more than 15,000 plaintiffs can move forward with their claims against Texas utility companies.

  • Thousands of people filed lawsuits against the state s power transmission companies in the wake of the deadly 2021 Texas winter storm that crippled the state’s power grid, resulting in dozens of deaths.

  • In April, the 14th Court of Appeals in Houston decided certain claims can move forward. In December, the Texas Supreme Court decided it would review the case and hold a hearing.

  • The court’s decision will not be immediate. It will come down in a written opinion, which could take weeks or even months to issue.
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DallasThe Texas Supreme Court has agreed to hear arguments in a significant case from the catastrophic 2021 winter storm as we get ready for one.

Whether over 15,000 plaintiffs can proceed with their claims against Texas utilities will be determined by the state’s top court.

Texans can’t help but think about previous winter storms as the likelihood of one develops, particularly the storm in February 2021 that caused extensive and protracted power outages, leading to fatalities and property destruction.

In the aftermath of the storm, thousands of citizens sued the state’s electricity transmission providers.

The 14th Court of Appeals in Houston ruled in April that some claims might proceed.

The Texas Supreme Court agreed to hear the case and evaluate it in December. The justices may decide to alter the decision.

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According to the Texas Department of State Health Services, Harris County had the highest number of deaths from the winter storm—at least 25.


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Dallas appellate attorney Chad Ruback is not associated with the case.

“The Supreme Court just has a lot going on,” he stated. “They’re not going to spend the time it takes to prepare for and have one of these hearings unless they’re inclined to make some changes to what the lower court did, in this case, the 14th Court of Appeals in Houston.”

According to Ruback, the question in this instance is whether power transmission firms, such as Oncor in North Texas, might have taken a different course of action when ERCOT instructed utilities to turn off power to residences and businesses four years ago in order to relieve the burden on the state’s electrical grid.

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“Perhaps they ought to have cut off the electricity to several communities. And for the people they decided to cut off the power, perhaps they ought to have done so for a longer or shorter amount of time. Perhaps they need to have ensured that, following these rolling blackouts, the power would be restored at the precise moment they planned. That’s the lawsuit’s foundation,” he stated.

The wires that connect electricity throughout the state are owned by the power transmission corporations.

These lawsuits do not include natural gas suppliers, power generators, or retail electricity providers.

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According to Ruback, Oncor and other electricity transmission firms may contend that at the moment, they were powerless.

In essence, Oncor and the other transmission firms in a similar situation are saying that they have no alternative but to reduce their power use and shed load. We had to make a decision. Every choice we took would have been criticized. Unfortunately, it appears that every choice we took would have had negative effects,” Ruback added.

Texans may be affected for some time by the Supreme Court’s ruling.

Due to a lack of repercussions, Ruback argues that if there is a significant settlement or possible changes in the state’s power transmission businesses, residents may experience an increase in their electricity costs.

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“This is going to be a tough decision for the Supreme Court to make,” Ruback stated. “I don’t remember ever seeing a case anything like this before the Supreme Court.”

The hearing is scheduled for Austin on February 19.

During the hearing, the Supreme Court will not render a decision. The final product will be a written opinion, which may not be issued for weeks or months.

  • This article’s information is based on earlier FOX 4 reports and Dallas appellate attorney Chad Ruback.

This article’s information is based on earlier FOX 4 reports and Dallas appellate attorney Chad Ruback.

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