Had defense attorney Thad Behrens recently lost a recent ruling before a Houston federal judge, his client AT&T might have been forced to dig up 200 miles of underground cable and potentially pay over $35 million in damages to a proposed class involving hundreds of property owners.

Yet Behrens recently convinced U.S. District Judge Al Bennett that there weren’t enough common issues in the case to justify granting class action certification against the telecommunications giant.

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