Supreme Court of Texas Blog: Legal Issues Before the Texas Supreme Court

No. 15-0328
TAMES

IN RE NATIONWIDE INSURANCE COMPANY OF AMERICA, ET AL.

Oral argument was held on February 10, 2016. The Court issued an opinion resolving the case on June 24, 2016. File Closed

In the news...

Tracking 1 article about this case.

January 21, 2016

Grants made on a Tuesday afternoon [Oct. 19, 2015]

from SCOTXblog

The article also mentions:
  • CHRIS LINEGAR v. DLA PIPER LLP (US)
  • IN RE LAZY W DISTRICT NO. 1
  • The Court has issued opinions:

    Opinions

    June 24, 2016

    Devine
    Hecht
    Green
    Johnson
    Willett
    Lehrmann
    Boyd

    Justice Devine delivered the opinion of the Court, in which Chief Justice Hecht, Justice Green, Justice Johnson, Justice Willett, Justice Lehrmann, and Justice Boyd joined. PDF

    Guzman
    Brown

    Justice Guzman delivered a dissenting opinion, in which Justice Brown joined.View Electronic Briefs | Oral Argument | Video PDF

     

    Court of Appeals

    Appellate District:3rd Court of Appeals
    Outcome Below:Denied
    COA Docket No.:03-15-00169-CV
    Opinion Author:Honorable Robert Harrison Pemberton

    Trial Court

    Trial Court:353rd District Court
    County:Travis
    Trial Judge:Honorable Karin Renee Crump
    Trial Docket:D-1-GN-12-004037

    Entries on SCOTX Orders Lists

    Docket Entries

    Date Event Outcome  
    2016-08-04 Certified cys of cost bill sent to attys of record  
    2016-06-24 Opinion issued   Writ of Mandamus conditionally granted
    2016-06-24 Dissenting opinion issued.   Issued
      This case was awaiting the Court's decision after oral argument between February 11, 2016 and June 24, 2016.  
    2016-02-11 Post submission brief filed (Real Parties in Interest)  
    2016-02-11 Post submission brief filed (Real Parties in Interest)  
    2016-02-10 Oral argument  
    2016-02-09 Exhibits in case/cause filed (Real Parties in Interest)  
    2016-01-27 Oral Argument Submission Form from Attorney received  
    2016-01-26 Oral Argument Submission Form from Attorney received  
    2016-01-19 Mandamus Set to Argue
    2016-01-19 Petition for Writ of Mandamus disposed Case set for oral argument
    2016-01-19 Case set for oral argument   Case set for oral argument
      This case was pending on merits briefs between November 24, 2015 and January 19, 2016.  
    2015-11-24 Brief on the Merits (Relator)  
    2015-11-09 Brief on the Merits (Real Parties in Interest)  
    2015-10-19 Brief on the Merits (Relator)  
    2015-10-08 Motion for Extension of Time to File Brief filed  
    2015-10-08 Motion for Extension of Time disposed.   Filing granted
    2015-09-11 Brief on the Merits Requested  
    2015-07-24 Reply to Petition for Writ of Mandamus (Relator)  
    2015-07-06 Response to Petition for Writ of Mandamus Filed (Real Parties in Interest)  
    2015-06-05 Supreme Court of Texas Requested Response  
    2015-05-05 Case forwarded to Court
    2015-04-29 Pro hac vice motion disposed   Filing granted
    2015-04-29 Pro hac vice motion filed  
    2015-04-29 Pro hac vice motion filed  
    2015-04-29 Pro hac vice motion disposed   Filing granted
    2015-04-29 Pro hac vice motion disposed   Filing granted
    2015-04-29 Pro hac vice motion filed  
    2015-04-29 Pro hac vice motion filed  
    2015-04-29 Case Record Filed  
    2015-04-29 Petition for Writ of Mandamus (Relator)  
    2015-04-29 Pro hac vice motion disposed   Filing granted

    Parties

    Party Counsel Role
    Nationwide Mutual Insurance Company
    Mr. Sean Michael Crowley
    Mr. Jeff D. Otto
    Mr. Quintin F. Lindsmith
    Mr. Wade Caven Crosnoe
    Ms. Victoria A. Flinn
    Relator
    Besch, Brian
    Mr. James Hatchitt
    Mr. Randy Howry
    Real Party In Interest
    Carducci, Bradley
    Mr. Ron K. Eudy
    Real Party In Interest
    Poe, Ronni B.
    Mr. Sean Michael Crowley
    Mr. Wade Caven Crosnoe
    Mr. Quintin F. Lindsmith
    Mr. Jeff D. Otto
    Ms. Victoria A. Flinn
    Relator
    Nationwide Life Insurance Company
    Mr. Sean Michael Crowley
    Mr. Quintin F. Lindsmith
    Mr. Jeff D. Otto
    Mr. Wade Caven Crosnoe
    Ms. Victoria A. Flinn
    Relator
    Nationwide General Insurance Company
    Mr. Sean Michael Crowley
    Mr. Jeff D. Otto
    Mr. Wade Caven Crosnoe
    Mr. Quintin F. Lindsmith
    Ms. Victoria A. Flinn
    Relator
    Nationwide Mutual Fire Insurance Company
    Mr. Wade Caven Crosnoe
    Mr. Jeff D. Otto
    Mr. Quintin F. Lindsmith
    Mr. Sean Michael Crowley
    Ms. Victoria A. Flinn
    Relator
    Nationwide Property and Casualty Insurance Company
    Mr. Sean Michael Crowley
    Mr. Jeff D. Otto
    Mr. Wade Caven Crosnoe
    Mr. Quintin F. Lindsmith
    Ms. Victoria A. Flinn
    Relator
    Nationwide Insurance Company of America
    Mr. Quintin F. Lindsmith
    Mr. Jeff D. Otto
    Mr. Wade Caven Crosnoe
    Mr. Sean Michael Crowley
    Ms. Victoria A. Flinn
    Relator

    What litigation conduct will waive a mandatory forum-selection clause?

    forum selection mandamus

    This is a dispute between Nationwide and one of its agents. The contract contained a mandatory forum-selection clause choosing Ohio (its corporate home) as the place where any suit should be filed.

    In 2012, this lawsuit was filed. During 2013 and 2014, Nationwide filed a series of special exceptions, along with a motions to dismiss under Rule 91a and a motion for summary judgment. The trial court focused on the pleading issued, giving the plaintiffs an opportunity to amend, without disposing of any claims on the merits. In 2014, Nationwide conducted some limited amount of discovery. In 2015, Nationwide filed a motion to enforce the forum-selection clause. The trial court denied that request, concluding that Nationwide had substantially invoked the Texas court system. Nationwide has sought review by petition for mandamus, urging that the Texas case be dismissed.

    The Texas Supreme Court has scheduled the petition for oral argument.

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