Updates on the Texas Panhandle Wildfires

Reg Reinoso

Author

 July 2024 Texas Panhandle Fire Litigation Update From Attorney Mikal Watts

Attorney Mikal Watts of Watts Law Firm LLP, along with co-counsel Joe Lovell of Lovell Hoffman Law PLLC, Scott Sherwood, and Cho Sherwood of Sherwood & Sherwood P.C., proudly represent clients affected by the devastating Smokehouse Creek and Reamer Fires in the Texas Panhandle. This update is intended to provide the latest developments in the ongoing litigation and the strategic efforts being made to ensure accountability and compensation for all affected parties.

Our team of experts and investigators has made significant progress in investigating the causes and damages resulting from the fires. Our renowned fire cause and origin expert, has visited the fire origin sites and has gained substantial insights into how and why these fires began.We also have a respected arborist and agronomist, who, along with his team, has assessed damage on over 150 properties, focusing on pastures, trees, fencing, outbuildings, and livestock. He is scheduled to return shortly to complete assessments on additional properties.

In addition to our experts, the investigations into the Texas Panhandle fires were conducted by a range of authorities, including the State Fire Marshal, the Texas Division of Emergency Management, and the Texas House of Representatives Investigative Committee on the Panhandle Wildfires. Additional inquiries were carried out by Texas A&M’s Forest Service and various county and local officials. 

Our legal team is closely examining all of these investigations when evaluating the actions and inactions of the utility companies EXCL and SNS, particularly their failure to maintain infrastructure and protect high fire risk areas in the Texas Panhandle. These investigations are crucial as they address the broader issues of utility management and response to severe weather conditions, which contributed to the rapid spread of the fires.

Legal Strategy and Multidistrict Litigation (MDL) in Texas

We have taken proactive steps by filing initial cases and requesting the appointment of a Multidistrict Litigation (MDL) Judge. Judge Steve Emmert of the 31st Judicial District Court oversees Gray, Hemphill, Lipscomb, Roberts, and Wheeler counties, and he has experience in presiding over MDL cases. Although the utility companies have agreed to the appointment of an MDL Judge, they contest the nomination of Judge Emmert. The appointment of a judge from the Texas Panel for Multidistrict Litigation is expected imminently, which will significantly influence how the cases are managed moving forward.

Client Communication: Stay in Contact and Informed 

As we continue to build our case, it is imperative that all affected clients cooperate fully with our requests for information and documentation. We are currently compiling comprehensive damage assessments, which require your input and documentation, such as photos, videos, property deeds, and receipts. These details are essential for accurately quantifying the damages and strengthening your claims.