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Supreme Court of Texas hears challenge over causation evidence in Tenaris flood case
Summary
At oral argument in Tenaris Bay City v. Elisor, lawyers debated whether plaintiffs presented legally sufficient expert evidence tying increased outflow from a Tenaris facility to flooding during Hurricane Harvey; the justices focused on technical hydrology, the scope of expert analysis and trial disposition if some claims survive.
The Supreme Court of Texas heard argument in Tenaris Bay City v. Elisor (No. 230808), a dispute over whether plaintiffs proved that increased outflow from a Tenaris industrial site caused flooding of nearby homes during Hurricane Harvey.
At the bench, counsel for the petitioner, Mr. Little, told the court that "plaintiff's case fails for the most basic of reasons" because plaintiffs did not offer expert evidence connecting Tenaris' increased outflow to flooding at particular properties. Little emphasized that plaintiffs' hydrological expert stopped his analysis at the Tenaris site boundary and "did not do a general flooding analysis," and that, in Little's view, the record showed only that outflow was higher at the site boundary, not that the company caused the neighborhood flooding.
The argument repeatedly turned on whether Hurricane Harvey — described by both sides'…
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