DWMR won an appeal of a Texas trial court’s order certifying a class action in a lawsuit brought against Entergy under the Texas Theft Liability Act. The lawsuit, in which plaintiffs were represented by a large team of Houston and Washington D.C. lawyers headed by Joe Jamail, claimed damages in excess of $1 billion related to the utility’s fuel and purchased power expenses. On behalf of the utility, DWMR argued that either the Federal Energy Regulatory Commission (FERC) or the Public Utility Commission of Texas had jurisdiction over the claims raised by the proposed class, not the courts. Texas’s First Court of Appeals agreed, finding that FERC did in fact have exclusive jurisdiction, as the costs at issue are subjected to scrutiny under the Federal Power Act. The DWMR team handling the appeal includes David Duggins, and Mark Strain.