Class Action Lawsuit Against Energy Plus Holding LLC
Energy Plus Holdings LLC is part of the massive Energy Plus conglomerate. Energy Plus Holding LLC is responsible for the production and distribution of natural gas through Midstream Petroleum Corporation. The class action suit was filed in the U.S. District Court for the Southern District of Louisiana. Plaintiffs are seeking damages for injuries, pain and suffering, and in some cases death, due to the negligence of Energy Plus Holding LLC.
The class action lawsuit asserts that Energy Plus negligently, and with intent and purpose, supplied low quality natural gas and other fuel to its subscribers.
The lawsuit further claims that Energy Plus failed to warn its subscribers that it had a low quality product that was frequently sold by its distributor, thereby increasing the likelihood that the purchasers of this low quality product would experience injury or death as a result. Additionally, the class action lawsuit claims that Energy Plus did not make reasonable efforts to repair or correct its defective products prior to commissioning them to the market. This action, the lawsuit argues, placed the health and safety of its subscribers in jeopardy.
The defendant’s attorney, Robert J. Spiatt, did not deny the claims in the complaint.
Instead, he attempted to defend the company on the basis that it had signed an agreement with the Texas Commission on Rate Practices (TCR) granting Energy Plus certain rates and prices. Further, he maintained that the company’s product was inherently safe because, according to the testimony of one of its distributors, the product contained natural gas that meets federal government requirements. Further, he maintained that the product was regularly inspected by state agencies to ensure its safety. Finally, he maintained that the liability of the defendants could not be established beyond a reasonable doubt.
The court denied the defendants’ motion to dismiss. On appeal, the Third Circuit affirmed the denial of the motion. The court reasoned that the defendants failed to make a reasonable inquiry into whether their conduct violated the Texas Anti-Fraudulent Practices Act (AFPA), and further concluded that they failed to establish that any harm or injury resulted from the defendants’ alleged violation of the Act. Accordingly, the court concluded that the complaint failed to establish a triable case or to state a claim for damages.
Plaintiffs contend that the Energy Plus LLC class action lawsuit is defective.
They argue that because the defendants did not have an energy efficiency practice in place when the lawsuit was filed, the defendants waived their rights to bring the action. They further argue that plaintiffs lack a sufficient case to establish a triable issue of fact in this case. Plaintiffs also claim that defendants waived their right to bring the action when they signed a binding contract with Energy Plus to permit the company to market its energy efficiency certificates. In addition, plaintiffs argue that the defendants waived their right to trial by failing to appear at a scheduled hearing on the merits.
Plaintiffs argue that the defendants have a well-established legal duty to maintain records of environmental compliance.
“Plaintiffs contend that defendant knew for years that it was legally required for them to keep accurate records of its energy performance but negligently and deliberately ignored those laws.” Additionally, plaintiffs argue that defendants violated the statutory warranty of its energy Performance Certificate by failing to make certain that the certificate was updated as required. Finally, plaintiffs argue that defendant waived their right to trial because it timely filed its answer to the complaint, thereby showing its willingness to litigate the matter. With regard to the second factor – a waived duty to maintain records – the court has previously held that “an attorney’s duty to maintain records does not waive if the attorney has knowledge that the records would be needed for a purpose unrelated to that purpose.”
The Energy Plus LLC class action lawsuit is currently scheduled for trial on April 8, 2021 at the U.S. District Court for the Eastern District of Texas.
If the plaintiffs win their class action lawsuit, they are owed $1.75 million. In addition to regular compensation for pain and suffering, they are entitled to additional compensation for economic losses due to the harm caused to plaintiffs’ families by the defendants’ bad business judgment and disregard for the impact on their families’ lives. Furthermore, they are also entitled to receive an additional amount based on the amount of electricity their homes use.
This is an important case for the environment and for the future of the planet. If you or someone you know has been affected by irresponsible energy policies or lack of regulation, now is the time to step up and speak out. There is much that can be done to help protect our environment from pollution and other greenhouse gases, and help families in need while helping to support their economic needs. If you are a resident of the Eastern District of Texas and are interested in the lawsuit against Energy Plus LLC, you should contact your court representative immediately. You may also want to join the Call to Action to Stop Plumbing for Green Energy.