Winter Storm Uri Updates
The individual litigation claims for Winter Storm Uri have been consolidated into a single multi-district litigation (MDL) court by order of the Texas Supreme Court.
The consolidated claims have been assigned to Judge Sylvia Matthews in Harris County.
Judge Matthews has appointed Greg Cox of the Mostyn Law Firm as Liaison counsel to coordinate the communications between all claimants and the court. Suits have been filed against the parties believed to be responsible for the failure of the power grid and resulting deaths, injuries, and property damage. These parties are grouped into several distinct industry groups, including ERCOT, Power Generating Companies (PGCs), and Transmission and Distribution Utilities (TDUs).
As the claims proceed, Mostyn Law remains committed to excelling in the courtroom and beyond to secure a just compensation for your Winter Storm Uri claim.
Winter Storm Uri litigation updates
Oklahoma will join Kansas in suing utility companies over Winter Storm Uri market manipulation
July 2023
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The Oklahoman reports that the Oklahoma Attorney General (AG), Gentner Drummond, plans to file “the largest lawsuit in state history” against oil, gas, and utility companies that “reaped billions of dollars at the expense of Oklahoma families and businesses” during Winter Storm Uri. Drummond has not specified who the targets of the lawsuit will be but has stated that most are from outside of Oklahoma. Once Drummond files, Oklahoma will join Kansas as the latest state to sue natural gas companies accused of manipulating the market during the devastating 2021 storm.
Texas Supreme Court rules that ERCOT has sovereign immunity from Winter Storm Uri civil lawsuits
June 2023
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The Texas Tribune reports the Supreme Court of Texas has ruled in favor of the Electric Reliability Council of Texas (ERCOT) regarding statewide power grid failures during Winter Storm Uri. In a narrow 5-4 opinion, the Court argued that ERCOT “provides an essential governmental service,” thereby granting the nonprofit corporation sovereign immunity from civil lawsuits accusing ERCOT of wrongful deaths, injuries, and damages in the wake of the disastrous 2021 winter storm. Chief Justice Hecht argued that state regulators or the Legislature should hold ERCOT accountable, not the courts. The ruling does not provide immunity for other defendants from the litigation.
Public Utility Commission of Texas appeals court ruling to the Texas Supreme Court over Winter Storm Uri re-pricing
March 2023
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Dallas News reports that the Texas 3rd Court of Appeals ruled in March against the Public Utility Commission of Texas (PUCT), claiming that the state agency created an artificially capped price of electricity at “$9,000 per megawatt-hour,” totaling “$16 billion in overcharges” for Texans in the wake of the deadly winter freeze. In response, Irvine-based Vistra Energy announced that it would appeal the ruling to the Texas Supreme Court, claiming that the courts overstepped their jurisdiction.
ERCOT claims dismissed, PGC and TDU claims proceed
January 2023
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On Friday, January 27, the Court issued orders addressing the multitude of legal challenges brought by the defendants. The court dismissed the ERCOT claims because the governmental entity is immune from lawsuits in Texas courts but the Supreme Court can choose to allow these claims to proceed. The Court also allowed our claims against the PGCs and TDUs.
Winter Storm Uri Timeline
2021: Winter Storm Uri causes devastation
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Winter Storm Uri hit Canada, the United States, and Mexico between February 15-18, 2021. Due to a major power outage in Texas, nearly 10 million American and Mexican homes experienced blackouts and power outages, and nearly 300 people died.
2022: Plaintiffs prevail in most litigation claims
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For the last year, Mostyn Law’s expert attorneys have been fighting with the defendant industry groups to establish their responsibility for the damage they caused. The defendants responded by filing dozens of motions to dismiss the cases against them, claiming that the court lacks jurisdiction over them or that they cannot be held legally responsible for the harm that they caused. We responded with hundreds of pages of legal briefs after a two-day hearing with the court, and our attorneys prevailed in most of the claims.
2023: PGC and TDU claims move forward
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The Texas Supreme Court allowed claims against Power Generator Companies and Transmission and Distribution Utilities to move forward. Claims against ERCOT were dismissed.