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Dallas Appeals Court Strips ERCOT of Sovereign Immunity Defense

February 24, 2022 Mark Curriden

The Fifth District Court of Appeals in Dallas ruled Wednesday that the Electric Reliability Council of Texas does not have sovereign immunity from all lawsuits and that the Texas Public Utility Commission does not have exclusive jurisdiction over all claims against ERCOT.

The 12-to-1 decision has been widely anticipated because it could have ramifications in hundreds of lawsuits stemming from Winter Storm Uri in which ERCOT is a named defendant.

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Mark Curriden

Mark Curriden is a lawyer/journalist and founder of The Texas Lawbook. In addition, he is a contributing legal correspondent for The Dallas Morning News.

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