A putative class of hundreds of property owners between Dallas and Houston filed suit in federal court in Houston, alleging that AT&T telephone cable buried underneath their properties — pursuant to easements that had been granted to AT&T in the 1950s — were contaminating their properties. The plaintiffs sought more than $35 million in damages.
On Sept. 25, 2018, Judge Alfred Bennett of the Southern District of Texas issued an order denying class certification, adopting arguments advanced by Haynes and Boone. “Individualized issues pertaining to each proposed class member’s property and related easements predominate any issues common to the class,” Judge Bennett ruled.
Multiple news outlets reported the win, including:
Law360 (Subscription required)
Texas Lawbook (Subscription required)