No. 08-0751
Click for Official Page
Oral argument was held on April 14, 2010. The Court issued an opinion resolving the case on June 22, 2012. File Closed
Tracking 5 articles about this case.
October 28, 2012
from SCOTXblog
This article also mentions 9 other cases.
September 21, 2012
from SCOTXblog
This article also mentions 7 other cases.
June 22, 2012
from Austin American-Statesman
February 17, 2012
from SCOTXblog
This article also mentions 4 other cases.
March 12, 2010
from SCOTXblog
This article also mentions 9 other cases.
Justice Johnson delivered the opinion of the Court, in which Justice Hecht, Justice Wainwright, Justice Willett, and Justice Guzman joined. PDF
Chief Justice Jefferson delivered a dissenting opinion, in which Justice Medina, Justice Green, and Justice Lehrmann joined. PDF
Justice Willett delivered a concurring opinion. PDF
The opinions below have been withdrawn by order of the Court.
Justice Johnson delivered the opinion of the Court with respect to Parts I, II, III, IV, and VI, in which Justice Hecht, Justice Wainwright, Justice Medina, Justice Willett and Justice Guzman joined, and an opinion with respect to Part V, in which Justice Hecht, Justice Wainwright, and Justice Medina joined. PDF
Chief Justice Jefferson delivered a dissenting opinion, in which Justice Green and Justice Lehrmann joined. PDF
| Appellate District: | 1st Court of Appeals |
| Outcome Below: | Affirmed as Modified |
| COA Docket No.: | 01-06-00897-CV |
| Opinion Author: | Honorable Terry Jennings |
| Trial Court: | 122nd District Court |
| County: | Galveston |
| Trial Judge: | Honorable Henry G. Dalehite |
| Trial Docket: | 05-CV-0796 |
| Date | Event | Outcome | |
|---|---|---|---|
| 2014-05-21 | Case Stored - stored case location updated | ||
| 2012-09-27 | Case Stored | ||
| 2012-09-24 | Mandate issued | ||
| 2012-09-21 | Motion for Rehearing - Disposed | Denied | |
| 2012-09-12 | Amicus Curiae Brief received (Amicus Curiae) | ||
| 2012-08-08 | Case forwarded to Court | ||
| 2012-08-08 | Motion for Rehearing | ||
| 2012-07-03 | Motion for Extension of Time to File Motion for Rehearing disposed | Filing granted | |
| 2012-07-02 | Motion for Extension of Time to File Motion for Rehearing | ||
| 2012-06-22 | Court approved judgment sent to attorneys of record | Issued | |
| 2012-06-22 | Opinion issued | Issued | |
| 2012-06-22 | Dissenting opinion issued. | Issued | |
| 2012-06-22 | Concurring Opinion issued. | Issued | |
| 2012-06-22 | Opinion issued | Court of Appeals' judgment reversed & judgment rendered | |
| 2012-06-22 | Previous opinion withdrawn | ||
| 2012-06-22 | Previous opinion withdrawn | ||
| 2012-06-22 | Previous opinion withdrawn | ||
| This case was awaiting the Court's decision after oral argument between February 17, 2012 and June 22, 2012. | |||
| 2012-02-17 | Motion for Rehearing - Disposed | Filing granted | |
| 2012-02-17 | Motion for Rehearing Granted | ||
| 2012-02-17 | Motion for Rehearing Granted | ||
| 2012-02-17 | Motion for Rehearing - Disposed | Filing granted | |
| 2012-01-19 | Amicus Curiae Brief received | ||
| 2011-12-21 | Reply to Response to Motion for Rehearing filed (Petitioner) | ||
| 2011-12-15 | Reply to Response to Motion for Rehearing filed (Respondent) | ||
| 2011-12-07 | Amicus Curiae Letter Received | ||
| 2011-11-30 | Response to Motion for Rehearing (Petitioner) | ||
| 2011-11-29 | Response to Motion for Rehearing (Respondent) | ||
| 2011-10-27 | Amicus Curiae Brief received | ||
| 2011-10-26 | Motion for Extension of Time disposed. | Filing granted | |
| 2011-10-25 | Motion for Extension of Time to File Response | ||
| 2011-10-14 | Supreme Court of Texas Requested Response | ||
| 2011-10-12 | Motion for Rehearing | ||
| 2011-10-12 | Case forwarded to Court | ||
| 2011-10-11 | Motion for Rehearing | ||
| 2011-10-11 | Case forwarded to Court | ||
| 2011-09-21 | Motion for Extension of Time to File Motion for Rehearing disposed | Filing granted | |
| 2011-09-20 | Motion for Extension of Time to File Motion for Rehearing | ||
| 2011-09-07 | Motion for Extension of Time to File Motion for Rehearing disposed | Filing granted | |
| 2011-09-01 | Motion for Extension of Time to File Motion for Rehearing | ||
| 2011-08-26 | Court approved judgment sent to attorneys of record | Issued | |
| 2011-08-26 | Opinion issued | Court of Appeals' judgment reversed, rendered in part, remanded in part | |
| 2011-08-26 | Concurring Opinion issued. | Issued | |
| 2011-08-26 | Dissenting opinion issued. | Issued | |
| This case was awaiting the Court's decision after oral argument between May 25, 2011 and August 26, 2011. | |||
| 2011-05-25 | Post submission brief filed (Petitioner) | ||
| 2011-05-11 | Amicus Curiae Letter Received | ||
| This case was awaiting the Court's decision after oral argument between October 14, 2010 and May 11, 2011. | |||
| 2010-10-14 | Amicus Curiae Brief received | ||
| This case was awaiting the Court's decision after oral argument between July 29, 2010 and October 14, 2010. | |||
| 2010-07-29 | Post submission brief filed (Petitioner) | ||
| 2010-06-18 | Post submission brief filed (Respondent) | ||
| 2010-05-10 | Post submission brief filed (Petitioner) | ||
| 2010-04-15 | Post submission brief filed (Amicus Curiae) | ||
| 2010-04-14 | Oral argument | ||
| 2010-03-25 | Oral Argument Submission Form from Attorney received | ||
| 2010-03-18 | Oral Argument Submission Form from Attorney received | ||
| 2010-03-12 | Petition for Review disposed | Filing granted | |
| 2010-03-12 | Case set for oral argument | Case set for oral argument | |
| 2010-03-12 | Petition for Review granted | ||
| 2010-02-08 | Additional Copies received | ||
| 2010-02-05 | Letter Filed | ||
| 2010-02-05 | Phone call from Clerk's Office | ||
| 2010-01-04 | Reply to Response (Petitioner) | ||
| 2009-12-28 | Additional citations received. (Petitioner) | ||
| This case was pending on merits briefs between October 26, 2009 and December 28, 2009. | |||
| 2009-10-26 | Response to Amicus Curiae Brief filed (Respondent) | ||
| 2009-10-07 | Amicus response received | ||
| 2009-10-02 | Amicus Curiae Brief received | ||
| 2009-10-02 | Appendix Filed | ||
| 2009-09-21 | Letter Received | ||
| 2009-09-18 | Letter Filed | ||
| 2009-08-18 | Amicus response received | ||
| 2009-08-10 | Reply to Amicus Curiae Brief (Petitioner) | ||
| 2009-07-24 | Amicus response received | ||
| 2009-07-20 | Reply Brief (Petitioner) | ||
| 2009-06-24 | Amicus Curiae Brief received | ||
| 2009-06-18 | Amicus Curiae Brief received | ||
| 2009-06-17 | Motion for Extension of Time disposed. | Filing granted | |
| 2009-06-16 | Motion for Extension of Time to File Brief filed | ||
| 2009-06-04 | Brief on the Merits (Respondent) | ||
| 2009-06-04 | Electronic copies of brief posted to website | ||
| 2009-05-07 | Motion for Extension of Time disposed. | Filing granted | |
| 2009-05-06 | Motion for Extension of Time to File Brief filed | ||
| 2009-04-21 | Electronic copies of brief posted to website | ||
| 2009-04-15 | Supplemental appendix (Petitioner) | ||
| 2009-04-15 | Brief on the Merits (Petitioner) | ||
| 2009-03-10 | Motion for Extension of Time disposed. | Filing granted | |
| 2009-03-09 | Motion for Extension of Time to File Brief filed | ||
| 2009-02-23 | Case Record Filed | ||
| 2009-02-13 | Brief on the Merits Requested | ||
| 2009-02-13 | Record Requested in Petition for Review | ||
| 2009-02-12 | Amicus Curiae Brief received | ||
| 2009-01-22 | Reply to Response (Petitioner) | ||
| 2008-12-31 | MET to file reply disposed of | Filing granted | |
| 2008-12-30 | Motion to Extend Time to File Reply filed | ||
| 2008-12-23 | Response to Petition (Respondent) | ||
| 2008-12-12 | Address Change | ||
| 2008-12-05 | Motion for Extension of Time disposed. | Filing granted | |
| 2008-12-01 | Motion for Extension of Time to File Response | ||
| 2008-11-07 | Supreme Court of Texas Requested Response | ||
| 2008-10-14 | Case forwarded to Court | ||
| 2008-10-13 | Response Waiver filed | ||
| 2008-09-25 | Appendix Filed (Petitioner) | ||
| 2008-09-25 | Petition for Review (Petitioner) | ||
| 2008-09-17 | Correction filed (See Remarks) | ||
| 2008-09-15 | Phone call from Clerk's Office | ||
| 2008-09-15 | Motion for Extension of Time to File Petition for Review disposed | Filing granted | |
| 2008-09-12 | Motion for Extension of Time to File Petition for Review filed |
| Party | Counsel | Role | |||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Texas Mutual Insurance Company |
|
Petitioner | |||||||||||
| Ruttiger, Timothy J. |
|
Respondent |
| Amicus Curiae | Counsel | |||
|---|---|---|---|---|
| Texas Trial Lawyers Association |
|
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| The American Insurance Association |
|
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| Liberty Insurance Corporation |
|
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| Rogers, Peter N. |
|
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| Longley, Joe K. |
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