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Class Action Lawsuit to Proceed Against LIPA Over Hurricane Sandy Damages

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Parker Waichman LLP, a national law firm dedicated to protecting the rights of those individuals who have suffered damages or harm due to the negligence of others, is commenting on a recent court ruling involving a class action lawsuit it brought against Long Island Power Authority (LIPA) and its former management services provider, National Grid Electric Services, LLC. Filed on behalf of LIPA customers who were damaged as a result of LIPA’s handling of Hurricane Sandy in 2012, the December 30, 2015 order issued by the Appellate Division of New York’s Supreme Court in Brooklyn denied LIPA’s motion to dismiss. The action will now proceed forward to trial. The lawsuit was filed by Jerrold S. Parker and Peter J. Cambs of Parker Waichman LLP; Wolf Haldenstein Adler Freeman & Herz LLP; Wolf Popper LLP; and Douglas & London, P.C. The title of the case is Matter of Long Island Power Authority Hurricane Sandy Litigation, Docket No. 2014-04047 [Index No. 601434/13 (Nassau County)]

Hurricane Sandy struck the eastern coast of the United States, hitting Long Island on October 29, 2012, and causing severe damage, including extended power outages. The class action lawsuit seeks damages for breach of contract as well as injunctive relief. On April 1, 2014, the motion court in Nassau County denied the application of LIPA and National Grid to dismiss the action before trial. LIPA and National Grid appealed this decision.

Now, the Appellate Division has affirmed the action of the Nassau County court denying LIPA/National Grid’s motion to dismiss. According to the Appellate Division, the class of injured plaintiffs was properly certified, meeting all statutory prerequisites. The order also rejected the argument of LIPA and National Grid that plaintiffs were not meant to benefit from the agreement between the two energy companies for servicing Long Island’s power needs. This was so even though the agreement stated, in €œboilerplate€ language, that it would not benefit third-parties like plaintiffs. Instead, the four-judge appellate panel found that other provisions in the agreement could be read as contradicting that €œboilerplate€ language, making the allegations by LIPA and National Grid inconclusive. Any remaining arguments by LIPA and National Grid were rejected as €œwithout merit.€

€œThis is a favorable decision for the plaintiffs,€ said Peter J. Cambs, Senior Litigation Counsel at Parker Waichman. €œThe Appellate Division has ruled that motions to dismiss were properly denied on certain grounds, and now full discovery may commence.”

Parker Waichman LLP continues to offer free legal consultations to victims who have suffered damages due to the negligence of others. Please contact the firm by [visiting]( Free case evaluations are also available by calling 1-800-LAW-INFO (1-800-529-4636).

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