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May 9, 2008 |
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XCEL ENERGY: Plaintiffs Appeal Dismissal of Katrina-Related Suit The plaintiffs in the purported class action, "Comer, et al. v. Nationwide Mutual Insurance Co.," are appealing to the U.S. Court of Appeals for the Fifth Circuit the dismissal of the case, which names Xcel Energy, Inc., the parent of Minnesota- based Northern States Power Co., as a defendant. The Court of Appeals has taken the matter under advisement and is expected to issue an opinion in due course, according to Northern States' May 5, 2008 Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended March 31, 2008. To recall, in April 2006, Xcel Energy received notice of a purported class action lawsuit filed in U.S. District Court in the Southern District of Mississippi. The lawsuit names more than 45 oil, chemical and utility companies, including Xcel Energy, as defendants and alleges that defendants' CO2 emissions "were a proximate and direct cause of the increase in the destructive capacity of Hurricane Katrina." The plaintiffs allege, in support of their claim, several legal theories, including negligence and public and private nuisance and seek damages related to the loss resulting from the hurricane. In August 2007, the court dismissed the lawsuit in its entirety against all the defendants on constitutional grounds. In September 2007, the plaintiffs filed a notice of appeal to the U.S. Court of Appeals for the Fifth Circuit. The suit is "Comer, et al. v. Nationwide Mutual Insurance Co., Case No. 1:05-cv-00436-LTS-RHW," filed with the U.S. District Court for the Southern District of Mississippi, Judge L. T. Senter, Jr., presiding. Representing the plaintiffs are: F. Gerald Maples, Esq. (federal@geraldmaples.com) Meredith A. Mayberry, Esq. (mmayberry@geraldmaples.com) F. Gerald Maples, PA 902 Julia Street New Orleans, LA 70113 Phone: 504-569-8732 - and - Randall Allan Smith, Esq. (rasmith3@bellsouth.net) Stephen M. Wiles, Esq. (smwiles@smithfawer.com) Smith & Fawer 201 St. Charles Ave., Suite 3702 New Orleans, LA 70170 Phone: 504-525-2200 Fax: 504-525-2205 |
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