Supreme Court of Texas Blog: Legal Issues Before the Texas Supreme Court

No. 03-0647
TAMES

EVANSTON INSURANCE COMPANY v. ATOFINA PETROCHEMICALS, INC.

Oral argument was held on April 13, 2005. The Court issued an opinion resolving the case on June 13, 2008. It granted rehearing on June 13, 2008 File Closed

In the news...

Tracking 2 articles about this case.

June 14, 2008

Rehear, Rinse, Repeat: Was rehearing in Evanston Insurance v. ATOFINA Petrochemicals barred by Rule 64.4?

from SCOTXblog

The Court has issued opinions:

Opinions

June 13, 2008

Green
Jefferson
Hecht
Oneill
Wainwright
Brister
Medina
Johnson
Willett

Justice Green delivered the opinion of the Court, in which Chief Justice Jefferson, Justice O'Neill, Justice Wainwright, Justice Brister, Justice Medina, and Justice Willett joined, and in which Justice Hecht and Justice Johnson joined as to Parts I, II.A–II.D, and II.F. PDF

February 15, 2008

Hecht
Johnson

Justice Hecht filed an opinion concurring in part and dissenting in part , in which Justice Johnson joined. PDF

Withdrawn Opinions

The opinions below have been withdrawn by order of the Court.

February 15, 2008

Green
Jefferson
Hecht
Wainwright
Brister
Medina
Johnson
Willett

Justice Green delivered the opinion of the Court, in which Chief Justice Jefferson, Justice O’Neill, Justice Wainwright, Justice Brister, Justice Medina, and Justice Willett joined, and in which Justice Hecht and Justice Johnson joined as to Parts I, II.A–II.D, and II.F. PDF

May 5, 2006

Green
Jefferson
Hecht
Oneill
Wainwright
Brister
Medina
Johnson
Willett

Justice Green delivered the opinion of the Court PDF

Court of Appeals

Appellate District:9th Court of Appeals
Outcome Below:REV AND REM
COA Docket No.:09-02-00072-CV
Opinion Author:Per Curiam

Trial Court

Trial Court:60th District Court
County:Jefferson
Trial Judge:Honorable Gary Sanderson
Trial Docket:B163-124A

Docket Entries

Date Event Outcome  
2008-07-28 Case Stored  
2008-07-23 Mandate issued  
2008-06-13 Motion for Rehearing - Disposed   Denied
2008-06-13 Motion for Rehearing - Disposed   Filing granted
2008-06-13 Court approved judgment sent to attorneys of record Issued
2008-06-13 Motion for Rehearing Granted  
2008-06-13 Opinion issued Court of Appeals' judgment reversed; cause remanded to trial court
2008-06-10 Reply to Response to Motion for Rehearing filed (Respondent)  
2008-06-04 Response to Motion for Rehearing (Petitioner)  
2008-05-20 Supreme Court of Texas Requested Response  
2008-04-02 Case forwarded to Court
2008-04-02 Motion for Rehearing  
2008-03-07 Letter sent to parties from Supreme Court - See Remarks  
2008-03-05 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2008-03-04 Notice requesting filing fee  
2008-03-04 Motion for Extension of Time to File Motion for Rehearing  
2008-03-03 Motion for Rehearing  
2008-03-03 Case forwarded to Court
2008-02-15 Court approved judgment sent to attorneys of record Issued
2008-02-15 Letter Filed  
2008-02-15 Judgment Withdrawn  
2008-02-15 Previous opinion withdrawn  
2008-02-15 Opinion issued Court of Appeals' judgment reversed & judgment rendered
2008-02-15 Concurring and Dissenting Opinion delivered Issued
2008-02-15 Motion to dismiss disposed   Denied
2008-02-15 Motion to Argue disposed   Filing dismissed as moot
2008-02-04 Letter Filed  
2008-01-24 Motion to dismiss  
  This case was awaiting the Court's decision after oral argument between October 23, 2007 and January 24, 2008.  
2007-10-23 Motion to Argue filed  
  This case was awaiting the Court's decision after oral argument between June 14, 2007 and October 23, 2007.  
2007-06-14 Address Change  
  This case was awaiting the Court's decision after oral argument between January 8, 2007 and June 14, 2007.  
2007-01-08 Amicus Curiae Letter Received  
2006-11-30 Reply to Response (Respondent)  
2006-10-27 Motion for Rehearing Granted
2006-10-27 Motion for Rehearing - Disposed Filing granted
2006-10-13 Response to Motion for Rehearing (Petitioner)  
2006-10-09 Motion for Extension of Time disposed.   Filing granted
2006-10-05 Motion for Extension of Time to File Response  
2006-09-20 Supreme Court of Texas Requested Response  
  This case was waiting for a decision about a pending motion for rehearing between July 20, 2006 and September 20, 2006.  
2006-07-20 Amicus Curiae Letter Received  
2006-06-26 Amicus Curiae Letter Received  
2006-06-19 Electronic copies of brief posted to website  
2006-06-16 Amicus Curiae Brief received  
2006-05-31 Amicus Curiae Letter Received  
2006-05-31 Amicus Curiae Letter Received  
2006-05-25 Case forwarded to Court
2006-05-25 Motion for Rehearing  
2006-05-05 Opinion issued judgments below reversed/remanded tc f/settlement
2006-05-05 Court approved judgment sent to attorneys of record Issued
  This case was awaiting the Court's decision after oral argument between December 23, 2005 and May 5, 2006.  
2005-12-23 Letter Filed  
2005-12-21 Letter Filed  
  This case was awaiting the Court's decision after oral argument between May 27, 2005 and December 21, 2005.  
2005-05-27 Response to Petition (Petitioner)  
2005-04-20 Post submission brief filed (Respondent)  
2005-04-15 Additional citations received. (Petitioner)  
2005-04-13 Oral argument  
2005-03-24 Electronic copies of brief posted to website  
2005-03-24 Electronic copies of brief posted to website  
2005-03-23 Electronic copies of brief posted to website  
2005-03-23 Electronic copies of brief posted to website  
2005-03-23 Electronic copies of brief posted to website  
2005-03-23 Electronic copies of brief posted to website  
2005-03-11 Case set for oral argument   Case set for oral argument
2005-03-11 Petition for Review granted
2005-03-11 Petition for Review disposed Filing granted
  This case was pending on merits briefs between January 14, 2005 and March 11, 2005.  
2005-01-14 Motion to Abate disposed   Dismissed
2005-01-07 Letter Filed  
2004-11-22 Motion to Abate filed  
  This case was pending on merits briefs between September 8, 2004 and November 22, 2004.  
2004-09-08 Reply Brief (Petitioner)  
  This case was pending on merits briefs between July 13, 2004 and September 8, 2004.  
2004-07-13 Motion for Extension of Time disposed.   Form Letter sent in response to motion for extension of time
2004-07-09 Motion to Extend Time to File Reply filed  
2004-06-22 Brief on the Merits (Respondent)  
2004-05-27 Motion for Extension of Time disposed.   Filing granted
2004-05-27 Motion for Extension of Time to File Brief filed  
2004-04-28 Motion for Extension of Time disposed.   Filing granted
2004-04-28 Response to Motion filed  
2004-04-28 Motion for Extension of Time to File Brief filed  
2004-04-26 Brief on the Merits (Petitioner)  
  This case was pending on merits briefs between February 20, 2004 and April 26, 2004.  
2004-02-20 Motion for Extension of Time to File Brief filed  
2004-02-20 Motion for Extension of Time disposed.   Filing granted
2004-02-04 Record Received (See Remarks)  
2004-01-21 Record Requested in Petition for Review  
2004-01-21 Brief on the Merits Requested  
2004-01-09 MET to file reply disposed of   Filing granted
2003-12-29 Motion to Extend Time to File Reply filed  
2003-12-29 Reply to Response (Petitioner)  
2003-11-21 Response to Petition (Respondent)  
2003-10-22 Supreme Court of Texas Requested Response  
2003-09-30 Case forwarded to Court
2003-09-23 Response Waiver filed  
2003-09-18 Petition for Review (Petitioner)  
2003-09-18 Appendix Filed (Petitioner)  
2003-08-19 Second Motion for Extension of Time to File Petition for Review disposed   Filing granted
2003-08-18 Second Motion for Extension of Time to File Petition for Review filed  
2003-07-15 Motion for Extension of Time to File Petition for Review filed  
2003-07-15 Motion for Extension of Time to File Petition for Review disposed   Filing granted

Parties

Party Counsel Role
ATOFINA PETROCHEMICALS, INC.
Mr. John S. Morgan
Mr. Tom Bayko
Mr. Jack G. Carnegie
Mr. David M. Bays
Ms. Allyson Newton Ho
Mr. Wyatt D. Snider
Respondent
EVANSTON INSURANCE COMPANY
Mr. Frank Anthony Monago
Mr. Brit T. Brown
Ms. Marcy Lynn Rothman
Mr. John P. Abbey
Mr. Jeffery T. Nobles
Mr. Henry S. Platts Jr.
Petitioner

Amici Curiae

Amicus Curiae Counsel
Halliburton Co.
Mr. Robert M. 'Randy' Roach Jr.
Texas Civil Justice League
Mr. George S. Christian
The Texas Chemical Council (TCC)
Ms. Virginia K. Hoelscher
Mr. R. Kinnon Goleman
Caudle, Thomas D.
Mr. Thomas D. Caudle
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