Supreme Court of Texas Blog

No. 04-0332
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Oral argument was held on September 28, 2005. The Court issued an opinion resolving the case on December 29, 2006. File Closed


December 29, 2006


Justice Green delivered the opinion of the Court, joined by Justice Hecht, Justice O'Neill, Justice Wainwright, Justice Brister, Justice Johnson, and Justice Willett PDF


Justice Medina delivered a dissenting opinion, joined by Chief Justice Jefferson PDF


Justice Brister delivered a concurring opinion, joined by Justice Hecht and Justice Willett PDF

Court of Appeals

Appellate District:1st Court of Appeals
Outcome Below:Reversed/Remanded
COA Docket No.:01-02-00150-CV
Opinion Author:Honorable Elsa Alcala

Trial Court

Trial Court:234th District Court
Trial Judge:Honorable Bruce D. Oakley
Trial Docket:2000-06999

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2007-03-01 Case Stored  
2007-02-27 Case remanded and record returned to the Court of Appeals.  
2007-02-27 Mandate issued  
  This case was waiting for a possible rehearing motion between December 29, 2006 and February 27, 2007.  
2006-12-29 Dissenting opinion issued. Issued
2006-12-29 Concurring Opinion issued. Issued
2006-12-29 Court approved judgment sent to attorneys of record Issued
2006-12-29 Opinion issued Court of Appeals' judgment reversed; remanded to Court of Appeals
  This case was awaiting the Court's decision after oral argument between September 28, 2005 and December 29, 2006.  
2005-09-28 Oral argument  
2005-09-27 Amicus Curiae Brief received  
2005-09-02 Additional citations received. (Petitioner)  
  This case was waiting for oral argument between June 17, 2005 and September 2, 2005.  
2005-06-17 Electronic copies of brief posted to website  
2005-06-17 Electronic copies of brief posted to website  
2005-06-17 Electronic copies of brief posted to website  
2005-06-10 Case set for oral argument   Case set for oral argument
2005-05-27 Petition for Review disposed Filing granted
2005-05-27 Petition for Review granted
2005-05-27 Case set for oral argument The date and time for oral argument are yet to be determined.
  This case was pending on merits briefs between December 13, 2004 and May 27, 2005.  
2004-12-13 Reply Brief (Petitioner)  
2004-11-23 Motion for Extension of Time disposed.   Filing granted
2004-11-22 Motion for Extension of Time to File Brief filed  
2004-11-08 Brief on the Merits (Respondent)  
2004-10-14 Brief on the Merits (Petitioner)  
2004-09-28 Record Received (See Remarks)  
2004-09-16 Brief on the Merits Requested  
2004-09-16 Record Requested in Petition for Review  
  This case was waiting for a decision about briefing or a possible grant between June 25, 2004 and September 16, 2004.  
2004-06-25 Reply to Response (Petitioner)  
2004-06-08 Case forwarded to Court
2004-06-07 Response to Petition (Respondent)  
2004-05-04 Motion for Extension of Time to File Response disposed   Filing granted
2004-05-04 Motion for Extension of Time to File Response  
2004-04-09 Opinion from the Court of Appeals filed.  
2004-04-07 Appendix Filed (Petitioner)  
2004-04-07 Petition for Review (Petitioner)  


Party Counsel Role
Bed, Bath & Beyond, Inc.
Mr. Michael Phillips
Ms. Evelyn Ailts Derrington
Mr. Jonathan Christopher Kieschnick
Urista, Rafael
Mr. Allen H. Kline Jr.
Mr. Jonathan Scott Stoger
Mr. Thomas N. Thurlow
Mr. Steven E. Norris

Amicus Curiae

Amicus Curiae Counsel
The Texas Trial Lawyers Association
Mr. Peter M. Kelly
Mr. Guy D. Choate