Supreme Court of Texas Blog

No. 18-1181
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EMERSON ELECTRIC CO. D/B/A FUSITE AND EMERSON CLIMATE TECHNOLOGIES, INC. v. CLARENCE JOHNSON

Oral argument was held on October 6, 2020. The Court issued an opinion resolving the case on April 16, 2021. It then denied rehearing on September 3, 2021 File Closed

Opinion

April 16, 2021

Bland
Hecht
Guzman
Lehrmann
Boyd
Devine
Blacklock
Busby
Huddle

Justice Bland delivered the opinion of the Court.View Electronic Briefs | Oral Argument PDF

 

Court of Appeals

Appellate District:2nd Court of Appeals
Outcome Below:Affirmed
COA Docket No.:02-16-00173-CV
Opinion Author:Honorable Mark T. Pittman

Trial Court

Trial Court:48th District Court
County:Tarrant
Trial Judge:Honorable David L. Evans
Trial Docket:048-268665-13

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2021-09-07 Case Stored  
2021-09-03 Mandate issued  
2021-09-03 Motion for Rehearing - Disposed Denied
2021-08-10 Amicus Curiae Letter Received  
2021-06-29 Amicus Curiae Letter Received  
2021-06-10 Electronic communication received from Party  
2021-06-09 Amicus Curiae Brief received  
2021-06-09 Call received  
2021-06-08 Amicus Curiae Brief received  
2021-06-02 Motion for Rehearing  
2021-06-02 Case forwarded to Court
2021-04-30 Response to Motion filed  
2021-04-30 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2021-04-29 Motion for Extension of Time to File Motion for Rehearing  
2021-04-29 Electronic communication sent to Party  
2021-04-29 Electronic communication received from Party  
2021-04-16 Opinion issued   Court of appeals' judgment affirmed
2021-04-16 Court approved judgment sent to attorneys of record Issued
  This case was awaiting the Court's decision after oral argument between October 6, 2020 and April 16, 2021.  
2020-10-06 Oral argument  
2020-10-05 Exhibits in case/cause filed (Petitioner)  
2020-10-02 Call received  
2020-09-28 Submission Schedule
2020-09-18 Case Record Filed
2020-09-18 Record Requested in Petition for Review  
2020-09-18 Case Record Filed
2020-09-18 Case Record Filed
2020-09-17 Letter sent to parties from Supreme Court - See Remarks  
2020-09-16 Oral Argument Submission Form from Attorney received  
2020-09-16 Oral Argument Submission Form from Attorney received  
  This case was waiting for oral argument between June 26, 2020 and September 16, 2020.  
2020-06-26 Case set for oral argument   Case set for oral argument
2020-06-05 Supreme Court of Texas Orders Issued
2020-06-05 Petition for Review disposed   Filing granted
2020-06-05 Petition for Review granted
  This case was pending on merits briefs between March 30, 2020 and June 5, 2020.  
2020-03-30 Amicus Curiae Brief received  
  This case was pending on merits briefs between February 3, 2020 and March 30, 2020.  
2020-02-03 Reply Brief (Petitioner)  
2019-12-30 Motion for Extension of Time disposed.   Filing granted
2019-12-30 Motion for Extension of Time to File Brief filed  
2019-12-19 Brief on the Merits (Respondent)  
2019-11-15 Motion for Extension of Time to File Brief filed  
2019-11-15 Motion for Extension of Time disposed.   Filing granted
2019-10-30 Brief on the Merits (Petitioner)  
2019-09-24 Motion for Extension of Time to File Brief filed  
2019-09-24 Motion for Extension of Time disposed.   Filing granted
2019-08-30 Brief on the Merits Requested  
  This case was waiting for a decision about briefing or a possible grant between June 4, 2019 and August 30, 2019.  
2019-06-04 Case forwarded to Court
2019-05-28 Reply to Response (Petitioner)  
2019-04-16 Motion to Extend Time to File Reply filed  
2019-04-16 MET to file reply disposed of   Filing granted
2019-04-10 Response to Petition (Respondent)  
2019-03-05 Motion for Extension of Time to File Response  
2019-03-05 Motion for Extension of Time to File Response disposed   Filing granted
2019-02-26 Pro hac vice motion disposed   Filing granted
2019-02-26 Pro hac vice motion disposed   Filing granted
2019-02-25 Pro hac vice motion filed  
2019-02-25 Phone call from Clerk's Office  
2019-02-25 Pro hac vice motion filed  
2019-02-22 Amicus Curiae Brief received  
2019-02-19 Amicus Curiae Brief received  
2019-02-07 Petition for Review (Petitioner)  
2019-01-23 Second Motion for Extension of Time to File Petition for Review filed  
2019-01-23 Second Motion for Extension of Time to File Petition for Review disposed   Filing granted
2018-12-21 Pro hac vice motion disposed   Filing granted
2018-12-21 Motion for Extension of Time to File Petition for Review disposed   Filing granted
2018-12-21 Pro hac vice motion disposed   Filing granted
2018-12-21 Pro hac vice motion disposed   Filing granted
2018-12-21 Pro hac vice motion disposed   Filing granted
2018-12-20 Pro hac vice motion filed  
2018-12-20 Pro hac vice motion filed  
2018-12-20 Pro hac vice motion filed  
2018-12-20 Pro hac vice motion filed  
2018-12-18 Call received  
2018-12-18 Electronic communication sent to Party  
2018-12-14 Motion for Extension of Time to File Petition for Review filed  
2018-12-14 Clerk's Record
2018-12-14 Clerk's Record
2018-12-14 Court reporter/recorder's record

Parties

Party Counsel Role
United States Liability Insurance Company
Mr. Jeffrey S. Reddall
 Intervenor
Emerson Electric Co. d/b/a Fusite
Mr. Ethan L. Shaw
Mr. Jason P. Steed
Ms. Erin H. Huber
Mr. Larry E. Cotten
Mr. David M. Gunn
Mr. Matthew Riley
Mr. Adam K. Peck
Ms. Melody H. Eagan
 Petitioner
Johnson, Clarence
Ms. Shannon Hays
Mr. John C. Bush
Mr. Andrew Lee Payne
Mr. John S. Jose
Ms. Stefanie Bradshaw
Mr. Jeffrey S. Levinger
Mr. Todd Harlin Ramsey
Mr. Joseph Cecere
 Respondent
Emerson Climate Technologies, Inc.
Mr. Ethan L. Shaw
Mr. Larry E. Cotten
Ms. Erin H. Huber
Mr. David M. Gunn
Mr. Jason P. Steed
Mr. Matthew Riley
Mr. Adam K. Peck
Ms. Melody H. Eagan
 Petitioner

Amici Curiae

Amicus Curiae Counsel
Product Liability Advisory Council
Ms. Ruth G. Malinas
Watson, Jr., Charles R. 'Skip'
Mr. Charles R. 'Skip' Watson Jr.
Texas Association of Defense Counsel
Mr. Richard B. Phillips Jr.
Mr. Roger W. Hughes
Ms. Melissa M. Davis
The National Association of Manufacturers
Ms. Pamela Stanton Baron
Texas Association of Business
Mr. James R. Hines
The Chamber of Commerce of the United States of America
Ms. Pamela Stanton Baron
PLAC, Inc. f/k/a the Product Liability Advisory Council
Mr. William A. Worthington
Clare Gibbons
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