No. 07-0783
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Oral argument was held on September 11, 2008. The Court issued an opinion resolving the case on August 27, 2010. File Closed
Tracking 11 articles about this case.
September 30, 2010
from SCOTXblog
September 25, 2010
from Southeast Texas Record
September 22, 2010
from Texas Tribune
September 22, 2010
from SCOTXblog
The article also mentions:September 6, 2010
from Texas Lawyer
August 27, 2010
from Mass Torts: State of the Art
August 27, 2010
from SCOTXblog
This article also mentions 6 other cases.
August 28, 2009
from SCOTXblog
Justice Medina delivered an opinion of the Court, in which Justice Hecht joined, and in which Justice Wainwright, Justice Johnson, and Justice Willett joined as to Parts I & IV. PDF
Chief Justice Jefferson delivered an opinion concurring in part and dissenting in part, in which Justice Green, Justice Guzman, and Justice Lehrmann joined. PDF
Justice Guzman delivered an opinion concurring in part and dissenting in part. PDF
Justice Wainwright delivered a concurring opinion. PDF
Justice Johnson delivered a concurring opinion, in which Justice Willett joined, and in which Justice Hecht joined as to Parts II and III-A, and in which Justice Wainwright joined as to Parts I, II, and III-A. PDF
The opinions below have been withdrawn by order of the Court.
Justice Medina delivered the opinion of the Court, in which Chief Justice Jefferson, Justice O'Neill, Justice Brister, and Justice Green joined. PDF
Justice Hecht delivered a dissenting opinion. PDF
Justice Wainwright delivered a dissenting opinion. PDF
Justice Johnson delivered a dissenting opinion, in which Justice Hecht, Justice Wainwright, and Justice Willett joined. PDF
Chief Justice Jefferson delivered a concurring opinion. PDF
| Appellate District: | 1st Court of Appeals |
| Outcome Below: | Affirmed |
| COA Docket No.: | 01-04-00228-CV |
| Opinion Author: | Honorable Samuel M. Nuchia |
| Trial Court: | 215th District Court |
| County: | Harris |
| Trial Judge: | Honorable Levi James Benton |
| Trial Docket: | 2002-14343 |
| Date | Event | Outcome | |
|---|---|---|---|
| 2011-01-12 | Case Stored | ||
| This case was waiting for a possible rehearing motion between October 8, 2010 and January 12, 2011. | |||
| 2010-10-08 | Mandate issued | ||
| 2010-08-27 | Opinion issued | Court of Appeals' judgment affirmed | |
| 2010-08-27 | Concurring Opinion issued. | Issued | |
| 2010-08-27 | Concurring Opinion issued. | Issued | |
| 2010-08-27 | Court approved judgment sent to attorneys of record | Issued | |
| 2010-08-27 | Concurring and Dissenting Opinion delivered | Issued | |
| 2010-08-27 | Previous opinion withdrawn | ||
| 2010-08-27 | Concurring and Dissenting Opinion delivered | Issued | |
| 2010-08-27 | Judgment Withdrawn | ||
| This case was awaiting the Court's decision after oral argument between April 9, 2010 and August 27, 2010. | |||
| 2010-04-09 | Motion for Rehearing - Disposed | Filing granted | |
| 2010-04-09 | Motion for Rehearing Granted | ||
| 2010-02-19 | Response to Motion for Rehearing (Petitioner) | ||
| 2010-01-26 | Motion for Extension of Time disposed. | Filing granted | |
| 2010-01-25 | Motion for Extension of Time to File Response | ||
| 2010-01-14 | Supreme Court of Texas Requested Response | ||
| 2010-01-11 | Amicus Curiae Brief received | ||
| 2010-01-08 | Amicus Curiae Brief received | ||
| 2010-01-08 | Amicus Curiae Brief received | ||
| 2009-12-14 | Amicus Curiae Brief received | ||
| 2009-11-20 | Letter Filed | ||
| 2009-11-13 | Motion for Rehearing | ||
| 2009-11-13 | Case forwarded to Court | ||
| 2009-10-16 | Motion for Extension of Time to File Motion for Rehearing disposed | Filing granted | |
| 2009-10-14 | Motion for Extension of Time to File Motion for Rehearing | ||
| 2009-10-05 | Designation of Lead Counsel | ||
| 2009-10-01 | Motion for Extension of Time to File Motion for Rehearing disposed | Filing granted | |
| 2009-09-29 | Motion for Extension of Time to File Motion for Rehearing | ||
| 2009-08-28 | Opinion issued | Court of Appeals' judgment affirm and reverse in part; remand to court of appeals | |
| 2009-08-28 | Concurring Opinion issued. | Issued | |
| 2009-08-28 | Court approved judgment sent to attorneys of record | Issued | |
| 2009-08-28 | Dissenting opinion issued. | Issued | |
| 2009-08-28 | Dissenting opinion issued. | Issued | |
| 2009-08-28 | Dissenting opinion issued. | Issued | |
| This case was awaiting the Court's decision after oral argument between September 25, 2008 and August 28, 2009. | |||
| 2008-09-25 | Electronic copies of brief posted to website | ||
| 2008-09-24 | Response to Brief filed (Respondent) | ||
| 2008-09-24 | Post submission brief filed (Petitioner) | ||
| 2008-09-24 | Electronic copies of brief posted to website | ||
| 2008-09-11 | Oral argument | ||
| 2008-09-11 | Exhibits in case/cause filed (Respondent) | ||
| 2008-09-04 | Call received | ||
| 2008-08-22 | Oral Argument Submission Form from Attorney received | ||
| 2008-08-22 | Oral Argument Submission Form from Attorney received | ||
| 2008-08-21 | Phone call from Clerk's Office | ||
| 2008-08-13 | Case set for oral argument | Case set for oral argument | |
| 2008-08-13 | Phone call from Clerk's Office | ||
| This case was waiting for oral argument between May 16, 2008 and August 13, 2008. | |||
| 2008-05-16 | Petition for Review granted | ||
| 2008-05-16 | Petition for Review disposed | Filing granted | |
| 2008-04-24 | Electronic copies of brief posted to website | ||
| 2008-04-24 | Electronic copies of brief posted to website | ||
| 2008-04-16 | Reply Brief (Petitioner) | ||
| 2008-04-01 | Brief on the Merits (Respondent) | ||
| 2008-03-13 | Motion for Extension of Time disposed. | Filing granted | |
| 2008-03-11 | Electronic copies of brief posted to website | ||
| 2008-03-11 | Phone call from Clerk's Office | ||
| 2008-03-11 | Motion for Extension of Time to File Brief filed | ||
| 2008-02-28 | Brief on the Merits (Petitioner) | ||
| 2008-02-13 | Electronic copies of brief posted to website | ||
| 2008-02-13 | Electronic copies of brief posted to website | ||
| 2008-02-13 | Electronic copies of brief posted to website | ||
| 2008-02-04 | Case Record Filed | ||
| 2008-01-28 | Record Requested in Petition for Review | ||
| 2008-01-28 | Brief on the Merits Requested | ||
| 2007-12-20 | Reply to Response (Petitioner) | ||
| 2007-12-04 | Response to Petition (Respondent) | ||
| 2007-11-06 | Supreme Court of Texas Requested Response | ||
| 2007-10-09 | Case forwarded to Court | ||
| 2007-10-02 | Response Waiver filed | ||
| 2007-09-27 | Petition for Review (Petitioner) | ||
| 2007-09-27 | Appendix Filed (Petitioner) |
| Party | Counsel | Role | |||||
|---|---|---|---|---|---|---|---|
| St. Luke's Episcopal Hospital |
|
Respondent | |||||
| Marks, Irving W. |
|
Petitioner |
| Amicus Curiae | Counsel | ||
|---|---|---|---|
| Tenet Healthcare Corporation |
|
||
| Texas Alliance for Patient Access |
|
||
| Memorial Hermann Hospital System |
|
||
| Methodist Healthcare System of San Antonio, Ltd., L.L.P. |
|
