No. 05-0272
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Oral argument was held on October 16, 2008. The Court issued an opinion resolving the case on April 3, 2009. It then denied rehearing on June 5, 2009 File Closed
Tracking 11 articles about this case.
June 5, 2009
from SCOTXblog
This article also mentions 8 other cases.
May 14, 2009
from Houston Chronicle
May 11, 2009
from Risk and Insurance
April 30, 2009
from SCOTXblog
The article also mentions:April 17, 2009
from SCOTXblog
April 17, 2009
from SCOTXblog
The article also mentions:April 3, 2009
from SCOTXblog
The article also mentions:December 6, 2007
from SCOTXblog
Justice Green delivered the opinion of the Court, in which Justice Wainwright and Justice Brister joined, and in Parts I, II, III, IV, V, VI, VIII and IX of which Justice Hecht joined, and in Parts I, II, III, IV, V, VI, VII, and IX of which Justice Johnson joined, and in Parts I, II, III, VI, VII, and IX of which Justice Willett joined. PDF
Justice O'Neill delivered a dissenting opinion, in which Chief Justice Jefferson and Justice Medina joined. PDF
Justice Hecht delivered a concurring opinion. PDF
Justice Willett delivered a concurring opinion. PDF
The opinions below have been withdrawn by order of the Court.
| Appellate District: | 9th Court of Appeals |
| Outcome Below: | Reversed and Remanded |
| COA Docket No.: | 09-04-00152-CV |
| Opinion Author: | Honorable Don R. Burgess |
| Trial Court: | 58th District Court |
| County: | Jefferson |
| Trial Judge: | Honorable James W. Mehaffy |
| Trial Docket: | A-167,088 |
| Date | Event | Outcome | |
|---|---|---|---|
| 2009-07-10 | Case Stored | ||
| 2009-06-05 | Mandate issued | ||
| 2009-06-05 | Motion for Rehearing - Disposed | Denied | |
| 2009-05-05 | Additional Copies received | ||
| 2009-05-04 | Reply to Response to Motion for Rehearing filed (Respondent) | ||
| 2009-05-01 | Electronic copies of brief posted to website | ||
| 2009-04-27 | Call received | ||
| 2009-04-27 | Response to Motion for Rehearing (Petitioner) | ||
| 2009-04-10 | Supreme Court of Texas Requested Response | ||
| 2009-04-07 | Additional Copies received | ||
| 2009-04-06 | Case forwarded to Court | ||
| 2009-04-06 | Motion for Rehearing | ||
| 2009-04-03 | Concurring Opinion issued. | Issued | |
| 2009-04-03 | Dissenting opinion issued. | Issued | |
| 2009-04-03 | Court approved judgment sent to attorneys of record | Issued | |
| 2009-04-03 | Opinion issued | Court of Appeals' judgment reversed & judgment rendered | |
| 2009-04-03 | Concurring Opinion issued. | Issued | |
| This case was waiting for a possible rehearing motion between January 8, 2009 and April 3, 2009. | |||
| 2009-01-08 | Suggestion of Death | ||
| This case was waiting for a possible rehearing motion between October 16, 2008 and January 8, 2009. | |||
| 2008-10-16 | Oral argument | ||
| 2008-10-03 | Motion to Argue disposed | Denied | |
| 2008-10-01 | Designation of Lead Counsel | ||
| 2008-09-26 | Document filed (see remarks) | ||
| 2008-09-25 | Response to Motion filed | ||
| 2008-09-24 | Oral Argument Submission Form from Attorney received | ||
| 2008-09-23 | Call received | ||
| 2008-09-22 | Motion to Argue filed | ||
| 2008-09-09 | Call received | ||
| 2008-09-04 | Oral Argument Submission Form from Attorney received | ||
| 2008-09-04 | Motion for leave to file brief disposed | Filing granted | |
| 2008-09-03 | Electronic copies of brief posted to website | ||
| 2008-08-29 | Motion for leave to file brief | ||
| 2008-08-29 | Response to Amicus Curiae Brief filed (Petitioner) | ||
| 2008-08-29 | Case set for oral argument | Case set for oral argument | |
| 2008-08-27 | Supplement to Amicus Curiae | ||
| 2008-08-27 | Electronic copies of brief posted to website | ||
| 2008-08-14 | Electronic copies of brief posted to website | ||
| 2008-08-08 | Amicus Curiae Brief received | ||
| 2008-07-10 | Electronic copies of brief posted to website | ||
| 2008-07-07 | Electronic copies of brief posted to website | ||
| 2008-07-07 | Amicus Curiae Brief received | ||
| 2008-06-26 | Supplement to Amicus Curiae | ||
| This case was waiting for a possible rehearing motion between April 28, 2008 and June 26, 2008. | |||
| 2008-04-28 | Electronic copies of brief posted to website | ||
| 2008-04-25 | Electronic copies of brief posted to website | ||
| 2008-04-25 | Electronic copies of brief posted to website | ||
| 2008-04-25 | Electronic copies of brief posted to website | ||
| 2008-04-25 | Electronic copies of brief posted to website | ||
| 2008-04-25 | Electronic copies of brief posted to website | ||
| 2008-04-09 | Electronic copies of brief posted to website | ||
| 2008-04-09 | Electronic copies of brief posted to website | ||
| 2008-04-04 | Motion for Rehearing - Disposed | Filing granted | |
| 2008-04-04 | Rehearing of cause granted | ||
| 2008-03-18 | Miscellaneous motion disposed. See Remarks. | Filing granted | |
| 2008-03-11 | Reply to Response to Motion for Rehearing filed (Petitioner) | ||
| 2008-03-11 | Miscellaneous Motion | ||
| 2008-03-11 | Phone call from Clerk's Office | ||
| 2008-03-06 | Miscellaneous motion disposed. See Remarks. | Filing granted | |
| 2008-02-27 | Electronic copies of brief posted to website | ||
| 2008-02-27 | Response to Motion for Rehearing (Petitioner) | ||
| 2008-02-27 | Miscellaneous Motion | ||
| 2008-02-27 | Notice of Appearance | ||
| 2008-01-22 | Amicus Curiae Brief received | ||
| 2007-12-19 | Motion for Extension of Time disposed. | Filing granted | |
| 2007-12-19 | Motion for Extension of Time to File Response | ||
| 2007-12-17 | Amicus Curiae Brief received | ||
| 2007-12-14 | Supreme Court of Texas Requested Response | ||
| 2007-12-14 | Amicus Curiae Brief received | ||
| 2007-12-14 | Supplement to Amicus Curiae | ||
| 2007-12-13 | Electronic copies of brief posted to website | ||
| 2007-12-13 | Supplement to Amicus Curiae | ||
| 2007-12-11 | Amicus Curiae Brief received | ||
| 2007-12-11 | Amicus Curiae Brief received | ||
| 2007-12-07 | Amicus Curiae Brief received | ||
| 2007-11-26 | Supplement to Motion for Rehearing (Respondent) | ||
| 2007-11-19 | Case forwarded to Court | ||
| 2007-11-19 | Electronic copies of brief posted to website | ||
| 2007-11-19 | Motion for Rehearing | ||
| 2007-10-04 | Motion for Extension of Time to File Motion for Rehearing disposed | Filing granted | |
| 2007-10-02 | Motion for Extension of Time to File Motion for Rehearing | ||
| 2007-08-31 | Opinion issued | Court of Appeals' judgment reversed & judgment rendered | |
| 2007-08-31 | Court approved judgment sent to attorneys of record | Issued | |
| This case was awaiting the Court's decision after oral argument between February 5, 2007 and August 31, 2007. | |||
| 2007-02-05 | Electronic copies of brief posted to website | ||
| 2007-02-05 | Amicus Curiae Brief received | ||
| 2007-01-24 | Oral argument | ||
| 2007-01-18 | Call made to request electronic copies of briefs | ||
| This case was waiting for oral argument between October 12, 2006 and January 18, 2007. | |||
| 2006-10-12 | Letter Filed | ||
| 2006-09-29 | Submission reset | Case set for oral argument | |
| 2006-09-29 | Motion to re-set submission date disposed | Filing granted | |
| 2006-09-26 | Additional Copies received | ||
| 2006-09-25 | Motion to re-set submission date filed. | ||
| 2006-09-22 | Letter Received | ||
| 2006-09-21 | Phone call from Clerk's Office | ||
| 2006-09-21 | Call received | ||
| 2006-09-11 | Electronic copies of brief posted to website | ||
| 2006-09-11 | Call made to request electronic copies of briefs | ||
| This case was waiting for oral argument between July 7, 2006 and September 11, 2006. | |||
| 2006-07-07 | Case set for oral argument | Case set for oral argument | |
| This case was waiting for oral argument between April 21, 2006 and July 7, 2006. | |||
| 2006-04-21 | Case set for oral argument | The date and time for oral argument are yet to be determined. | |
| 2006-04-21 | Petition for Review granted | ||
| 2006-04-21 | Petition for Review disposed | Filing granted | |
| This case was pending on merits briefs between January 11, 2006 and April 21, 2006. | |||
| 2006-01-11 | Reply Brief (Petitioner) | ||
| 2006-01-11 | Electronic copies of brief posted to website | ||
| 2006-01-11 | Electronic copies of brief posted to website | ||
| 2005-12-27 | Electronic copies of brief posted to website | ||
| 2005-12-27 | Brief on the Merits (Respondent) | ||
| 2005-11-23 | Motion for Extension of Time disposed. | Filing granted | |
| 2005-11-18 | Motion for Extension of Time to File Brief filed | ||
| 2005-11-16 | Call received | ||
| 2005-11-08 | Electronic copies of brief posted to website | ||
| 2005-11-08 | Electronic copies of brief posted to website | ||
| 2005-11-07 | Brief on the Merits (Petitioner) | ||
| 2005-10-05 | Letter sent to parties from Supreme Court - See Remarks | ||
| 2005-09-27 | Call received | ||
| 2005-09-21 | Case Record Filed | ||
| 2005-09-16 | Electronic copies of brief posted to website | ||
| 2005-09-07 | Record Requested in Petition for Review | ||
| 2005-09-06 | Brief on the Merits Requested | ||
| This case was waiting for a decision about briefing or a possible grant between June 28, 2005 and September 6, 2005. | |||
| 2005-06-28 | Motion for Extension of Time disposed. | Filing granted | |
| 2005-06-28 | Response to Petition (Respondent) | ||
| 2005-06-22 | Amicus Curiae Brief received | ||
| 2005-06-22 | Notice requesting filing fee | ||
| 2005-06-22 | Motion for Extension of Time to File Response | ||
| 2005-06-22 | Phone call from Clerk's Office | ||
| 2005-05-23 | Supreme Court of Texas Requested Response | ||
| 2005-05-03 | Case forwarded to Court | ||
| 2005-04-26 | Response Waiver filed | ||
| 2005-04-08 | Appendix Filed (Petitioner) | ||
| 2005-04-08 | Petition for Review (Petitioner) |
| Party | Counsel | Role | ||||
|---|---|---|---|---|---|---|
| Entergy Gulf States, Inc. |
|
Petitioner | ||||
| Summers, John |
|
Respondent |
| Amicus Curiae | Counsel | |||||
|---|---|---|---|---|---|---|
| Texans for Lawsuit Reform |
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| Texas Association of Defense Counsel |
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| Texas Trial Lawyers Association |
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| The Texas Civil Justice League |
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| The Texas AFL-CIO |
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| Toben, Bradley J.B. |
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| Looney, Rob |
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| ABC of Texas, Inc. |
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| Ellis, Rodney |
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| Bresnen, Steve |
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