Litigation

CenterPoint Energy Gets Writ of Mandamus and Writ of Prohibition to Enforce Supreme Court's Order

By H. William Allen et al.

The Arkansas Supreme Court granted a writ of mandamus and writ of prohibition in CenterPoint Energy, Inc. v. Miller County Circuit Court, No. 07-924 (2/14/08).

In a class action against CenterPoint, the named plaintiffs were an Arkansas plaintiff (Johnson) and a Texas plaintiff (Engledowl). Last summer, the Arkansas supreme court dismissed Johnson because the Arkansas Public Service Commission had exclusive jurisdiction (previously posted 6/11/07). CenterPoint then moved the trial to dismiss Johnson for lack of jurisdiction.

CenterPoint also moved to Engledowl for lack of venue because now there was no Arkansas plaintiff in the case. Engledowl argued CenterPoint waived venue because it did not raise it in the first motion to dismiss. CenterPoint claimed its venue challenge did not arise until Johnson was dismissed. The trial court denied the motions and stayed the proceedings pending a decision by the APSC.

The supreme court reversed, stating that the trial court never had jurisdiction over Johnson's claims, so it cannot maintain jurisdiction while awaiting a ruling by the APSC. Citing federal cases, the court agreed with CenterPoint that its venue challenge did not arise until Johnson was dismissed. CenterPoint did not waive its venue challenge by not raising it in the original motion to dismiss.

Full post as published by Arkansas Business Litigation Blog on February 18, 2008 (boomark / email).