Stewart v. Entergy Corp.

Property owners, lessees, and occupants of four parishes in Louisiana filed a class action in Louisiana Civil District Court seeking damages from Entergy Corporation and related defendants for damages sustained as a result of the “foreseeable failure” of Entergy’s distribution and transmission equipment and systems during Hurricane Ida. The plaintiffs alleged that the failure had occurred “despite evidence which demonstrated the weakness and perilous condition of their equipment and systems which was well known to Entergy.” The plaintiffs also alleged that Entergy “has become aware that the climate of the world (including southeast Louisiana) is changing” and that Louisiana was experiencing more hurricanes, other severe tropical storms, and periods of heat and flooding. They contended that studies, including a 2007 “Hardening Study,” had put Entergy on notice of the deficiencies in its systems but that Entergy had failed to take action in response and had cut funding for operations and maintenance expenses. The plaintiffs asserted claims of negligence and strict liability, as well as breaches of express and implied contracts.