Judge Dismisses Claims Against Itron and Tantalus in AMI Lawsuit Over Statutory Shield and Lack of Evidence

Last week, District Court Judge Juan Sánchez dismissed Itron Inc. and Tantalus Systems Inc. from a lawsuit alleging consumer fraud and deceptive business practices in the rollout of the Water and Power Authority's doomed automated metering system. All three companies (Itron, Tantalus and WAPA) had been named as defendants in the civil action. The defendants asked the court to dismiss the case, alleging that plaintiffs had failed to state a claim according to the federal rules for civil procedures. In the cases of Tantalus and Itron, Judge Sánchez agreed. However, WAPA, despite succeeding in having one of the claims against it tossed out, still has a case to answer.  In his 11-page memorandum explaining the decision, the judge notes that “plaintiffs have a protected property interest in continuing water and electricity services provided by VIWAPA because the Virgin Islands Ratepayers’ Bill of Rights…limits termination of service.”  After favorably considering the plaintiff's allegati...