A class action lawsuit was filed in Miller County, Texarkana Circuit Court late 2004, alleging that Texarkana gas companies made deals to get the better prices for industrial customers by putting the costs on the backs of its residential and commercial customers. The customers also allege artificial inflation of retail natural gas prices.
Late last year, Centerpoint "removed" the case from state court to federal court in Texarkana, Ark., since a defendant in a lawsuit can change jurisdiction if they think the court rules or laws make it more applicable to file a case in federal court. Centerpoint argued that the customers' problems were not with the gas companies, but with the regulatory agencies. However, in September 2005 U.S. District Judge Harry F. Barnes decided to send the multi-million dollar lawsuit back to Miller County, Texarkana.
Barnes decision, handed down June 2, basically supported the plaintiffs response to the defendant's removal of the case from state to federal court.
A trial date is still pending, according to Miller County Circuit Clerk records.
"We're extremely pleased that we are able to get the case back in the court of our choice," an attorney for the plaintiffs said. "It's an important case and we are looking forward to trying it in Miller County."