Supreme Court of Texas Blog

No. 06-0023
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MISSOURI PACIFIC RAILROAD COMPANY D/B/A UNION PACIFIC RAILROAD COMPANY v. PATRICIA LIMMER, BILLYE JOYCE SMITH, AND BOBBY JEAN NOTHNAGEL

Oral argument was held on November 13, 2007. The Court issued an opinion resolving the case on October 23, 2009. It then denied rehearing on January 15, 2010 File Closed

In the news...

Tracking 3 articles about this case.

October 29, 2009

Texas SC reverses $5M verdict against Union Pacific

from Southeast Texas Record

The Court has issued opinions:

October 25, 2009

Texas SCt holds refactorized tape attached to crossbuck is a warning device

from Federal Preemption Blog

October 23, 2009

Texas Supreme Court Decides 5 Cases, Grants Review in 13 More [Order List for October 23, 2009]

from SCOTXblog

Opinion

October 23, 2009

Hecht
Jefferson
Wainwright
Medina
Green
Johnson
Willett

Justice Hecht delivered the opinion of the Court in which Chief Justice Jefferson, Justice Wainwright, Justice Medina, Justice Green, Justice Johnson, and Justice Willett joined. PDF

 

Court of Appeals

Appellate District:14th Court of Appeals
Outcome Below:Reversed & Rendered
COA Docket No.:14-02-00688-CV
Opinion Author:Honorable Eva Guzman

Trial Court

Trial Court:151st District Court
County:Harris
Trial Judge:Honorable Caroline E. Baker
Trial Docket:95-42790

Docket Entries

Date Event Outcome  
2010-10-06 Letter Filed  
2010-04-19 Letter Filed  
2010-02-10 Case Stored  
2010-01-15 Mandate issued  
2010-01-15 Motion for Rehearing - Disposed Denied with Justice not sitting.
2009-12-10 Case forwarded to Court
2009-12-10 Motion for Rehearing for pet #2 - Filed  
2009-11-06 Motion for Extension of Time to File Motion for Rehearing disposed (Petitioner)   Filing granted
2009-11-05 Motion for Extension of Time to File Motion for Rehearing  
2009-11-03 Description of document returned to Supreme Court (Petitioner)  
2009-10-23 Opinion issued Court of Appeals' judgment reversed & judgment rendered
2009-10-23 Opinion issued Issued
2009-10-23 Court approved judgment sent to attorneys of record Issued
  This case was awaiting the Court's decision after oral argument between March 28, 2008 and October 23, 2009.  
2008-03-28 Post submission brief filed (Respondent)  
2008-03-19 Post submission brief filed  
  This case was awaiting the Court's decision after oral argument between November 16, 2007 and March 19, 2008.  
2007-11-16 Post submission brief filed (Respondent)  
2007-11-13 Oral argument
2007-11-13 Oral argument  
2007-11-12 Motion to expand time for oral argument disposed   Denied
2007-11-12 Motion to expand time for oral argument (Respondent)  
  This case was waiting for oral argument between July 27, 2007 and November 12, 2007.  
2007-07-27 Case set for oral argument   Case set for oral argument
2007-07-27 Case set for oral argument   Case set for oral argument
2007-07-16 Phone call from Clerk's Office  
2007-07-16 Call received  
2007-06-04 Electronic copies of brief posted to website  
2007-06-01 Case set for oral argument Case set for oral argument
2007-06-01 Case set for oral argument Case set for oral argument
2007-06-01 Petition for Review disposed Filing granted
2007-06-01 Petition for Review granted
2007-06-01 Petition for Review disposed Filing granted
2007-06-01 Petition for Review granted
2007-05-31 Reply brief filed  
2007-05-25 Motion for Extension of Time disposed.   Filing granted
2007-05-22 Motion for extension of time to file brief. (Petitioner)  
2007-04-26 Electronic copies of brief posted to website (Petitioner)  
2007-04-23 Reply brief filed (Petitioner)  
2007-03-23 Electronic copies of brief posted to website (Respondent)  
2007-03-16 Brief filed (Respondent)  
2007-02-14 Motion for Extension of Time disposed.   Form Letter sent in response to motion for extension of time
2007-02-12 Motion for extension of time to file brief. (Petitioner)  
2007-02-05 Electronic copies of brief posted to website (Respondent)  
2007-02-01 Brief filed (Respondent)  
2007-01-30 Motion for Extension of Time disposed. (Respondent)   Filing granted
2007-01-29 Motion for extension of time to file brief. (Respondent)  
2007-01-10 Motion for Extension of Time disposed. (Respondent)   Filing granted
2007-01-08 Motion for extension of time to file brief. (Respondent)  
2007-01-03 Motion for Extension of Time disposed. (Respondent)   Filing granted
2006-12-29 Motion for extension of time to file brief. (Respondent)  
2006-12-29 Electronic copies of brief posted to website (Petitioner)  
2006-12-29 Electronic copies of brief posted to website (Petitioner)  
2006-12-22 Brief filed (Petitioner)  
2006-12-14 Motion for Extension of Time disposed. (Petitioner)   Filing granted
2006-12-07 Motion for extension of time to file brief. (Petitioner)  
2006-12-04 Motion for Extension of Time disposed. (Respondent)   Filing granted
2006-11-29 Motion for extension of time to file brief. (Respondent)  
2006-11-15 Electronic copies of brief posted to website (Respondent)  
2006-11-15 Electronic copies of brief posted to website (Petitioner)  
2006-11-15 Electronic copies of brief posted to website (Petitioner)  
2006-11-15 Electronic copies of brief posted to website (Amicus Curiae)  
2006-11-15 Electronic copies of brief posted to website (Respondent)  
2006-11-15 Electronic copies of brief posted to website (Petitioner)  
2006-11-15 Electronic copies of brief posted to website (Petitioner)  
2006-11-15 Electronic copies of brief posted to website (Petitioner)  
2006-11-15 Electronic copies of brief posted to website (Amicus Curiae)  
2006-11-14 Motion for Extension of Time disposed. (Petitioner)   Filing granted
2006-11-10 Brief filed (Petitioner)  
2006-11-10 Appendix Filed (Petitioner)  
2006-11-08 Motion for extension of time to file brief. (Respondent)  
2006-10-10 Motion for Extension of Time disposed. (Petitioner)   Filing granted
2006-10-04 Motion for Extension of Time disposed. (Petitioner)   Filing granted
2006-10-04 Motion for extension of time to file brief. (Petitioner)  
2006-09-25 Motion for extension of time to file brief. (Petitioner)  
2006-09-25 Case Record Filed  
2006-09-11 Brief on the Merits Requested  
2006-09-11 Record Requested in Petition for Review
  This case was waiting for a decision about briefing or a possible grant between June 22, 2006 and September 11, 2006.  
2006-06-22 Reply filed (Petitioner)  
2006-06-05 Reply filed (Petitioner)  
2006-06-05 Response to Petition for Review filed (Respondent)  
2006-05-16 Letter Filed (Respondent)  
2006-05-05 Supreme Court of Texas Requested Response  
2006-05-03 Amicus Curiae Brief received (Amicus Curiae)  
2006-05-02 Case forwarded to Court
2006-05-02 Case forwarded to Court
2006-05-02 Response to Petition for Review filed (Respondent)  
2006-04-26 Amicus Curiae Brief received  
2006-04-25 Response to Petition for Review waived (Respondent)  
2006-03-30 Petition for Review #2 filed (Petitioner)  
2006-03-30 Appendix Filed (Petitioner)  
2006-03-30 Petition for Review filed (Petitioner)  
2006-03-30 Appendix Filed (Petitioner)  
2006-03-16 Third Motion for Extension of Time to File Petition for Review disposed (Petitioner)   Filing granted
2006-03-14 Third Motion for Extension of Time to File Petition for Review filed (Petitioner)  
2006-03-10 Third Motion for Extension of Time to File Petition for Review disposed (Petitioner)   Filing granted
2006-03-09 Third Motion for Extension of Time to File Petition for Review filed (Petitioner)  
2006-02-22 Description of document returned to Supreme Court  
2006-02-15 Second Motion for Extension of Time to File Petition for Review disposed (Petitioner)   Filing granted
2006-02-13 Second Motion for Extension of Time to File Petition for Review filed (Petitioner)  
2006-02-10 Second Motion for Extension of Time to File Petition for Review disposed (Petitioner)   Filing granted
2006-02-10 Second Motion for Extension of Time to File Petition for Review filed (Petitioner)  
2006-01-12 Motion for Extension of Time to File Petition for Review disposed (Petitioner)   Filing granted
2006-01-12 Motion for Extension of Time to File Petition for Review disposed (Petitioner)   Filing granted
2006-01-12 Motion for Extension of Time to File Petition for Review #2 filed (Petitioner)  
2006-01-11 Motion for Extension of Time to File Petition for Review filed (Petitioner)  

Parties

Party Counsel Role
Limmer, Patricia
Ms. Elana S. Einhorn
Mr. Russell S. Post
Mr. Carl V. Crow
Mr. David M. Gunn
Ms. Deborah G. Hankinson
Ms. Collyn A. Peddie
Respondent
Union Pacific Railroad Company
Mr. Mike A. Hatchell
Petitioner
Missouri Pacific Railroad Company
Mr. Harding J. Rome
Ms. Molly H. Hatchell
Mr. David Lee Crawford
Ms. Kathleen Hopkins Alsina
Mr. Mike A. Hatchell
Petitioner

Amici Curiae

Amicus Curiae Counsel
BNSF Railroad Company
Mr. Wayne Lindsey Robbins Jr.
Association of American Railroads
Mr. James L. Walker
...
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