Ann Saucer will stand before the Texas Supreme Court Wednesday morning to argue the largest and possibly most important civil litigation dispute the state’s highest court has handled this decade. The Dallas appellate law expert represents 15,000 individuals and small business owners who are asking the Texas justices to allow their Winter Storm Uri-related claims for wrongful death, personal injury and property damage against the largest electric transmission and distribution utilities in Texas to move forward to trial. Combined, the plaintiffs seek billions of dollars in damages from the energy companies.
Litigation Roundup: DOL’s ESG Investing Rule Survives Post-Loper Bright
In this edition of Litigation Roundup, the Texas Supreme Court answers two certified questions from the Fifth Circuit, and a plaintiff who saw her $222 million jury award canceled abandons her appeal.
Winter Storm Uri — Four Years Later, Zero Jury Trials for 30,000 Victims of Historic Storm
The ground had not yet thawed four years ago when the Texas courts were slammed with an avalanche of lawsuits. More than 30,000 individuals and small businesses filed wrongful death, personal injury and property damage lawsuits against ERCOT and the energy companies accusing them of gross negligence that caused much of the power blackouts. A separate class action accused energy companies and financial institutions of using Winter Storm Uri to manipulate prices and generate billions of dollars in profits. Four years later, not a single witness deposition has been taken and not a single case has been set for trial. And a growing number of legal experts predict that none of those cases will ever be heard by a jury of Texas citizens.
Dallas Boutique Nabs Former Appeals Court Justice Amanda Reichek
Former Fifth District Court of Appeals justice Amanda Reichek has joined Dallas law firm Tillotson Johnson Patton as a partner after losing her re-election bid in November. Reichek, who previously worked in plaintiff-side employment law and union-side labor law, expressed excitement about returning to a small firm setting and joining a “top-notch” legal team. The firm’s name partner, Jeff Tillotson, praised Reichek’s knowledge and skill, noting she adds tremendous value to their already strong appellate group.
SCOTUS Expands Opportunities to Challenge Agency Action in Corner Post
One of the Supreme Court’s less-heralded decisions from last term promises to have major consequences for businesses affected by federal regulations: Corner Post v. Board of Governors of the Federal Reserve System.
Removal Waiver Front and Center in En Banc Fifth Circuit Arguments
The en banc oral arguments came in a dispute between Abraham Watkins Nichols Agosto Aziz & Stogner and former associate Edward Festeryga, who the firm alleges tried to take its clients with him when he left. The whole court agreed to hear the dispute after Judge Stuart Kyle Duncan — who sat on the panel that sided with the law firm and affirmed a ruling that sent the case back to state court — called for the move in a July 2024 concurring opinion that said the crux of the court’s 1980 holding in In re Weaver was “incorrect.”
Blacklock Followed Public Sector Path to Lead Texas Judiciary
Some were surprised by Gov. Greg Abbott’s selection of Jimmy Blacklock as Texas Supreme Court Chief justice, but his eyes were always on big questions about the role of the constitution and development of the law. His leadership is likely to continue the court’s conservative rulings.