Supreme Court of Texas Blog

No. 20-0079
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JAMES CONSTRUCTION GROUP, LLC AND PRIMORIS SERVICES CORPORATION v. WESTLAKE CHEMICAL CORPORATION

A petition was filed on March 9, 2020. Oral argument was held on October 26, 2021. The Court issued an opinion resolving the case on May 20, 2022. A motion for rehearing was filed and has now been pending since July 6, 2022.

Opinions

May 20, 2022

Lehrmann
Hecht
Boyd
Devine
Blacklock
Busby
Bland
Huddle
Young

Justice Lehrmann delivered the opinion of the Court, in which Justice Young joined in full, in which Chief Justice Hecht, Justice Devine, Justice Busby, and Justice Bland joined as to Parts I and II(D), and in which Justice Boyd, Justice Blacklock, and Justice Huddle joined as to Parts I, II(A), II(B), II(C), and II(E). PDF

Boyd
Blacklock
Huddle

Justice Boyd delivered an opinion dissenting in part, in which Justice Blacklock and Justice Huddle joined.View Electronic Briefs | Oral Argument PDF

Hecht
Devine
Busby
Bland

Chief Justice Hecht delivered an opinion dissenting in part, in which Justice Devine, Justice Busby, and Justice Bland joined. PDF

Court of Appeals

Appellate District:14th Court of Appeals
Outcome Below:Aff As Mod
COA Docket No.:14-18-00083-CV
Opinion Author:Honorable Kevin D. Jewell

Trial Court

Trial Court:334th District Court
County:Harris
Trial Judge:Honorable Steven E. Kirkland
Trial Docket:2014-72717

Upcoming

Date Event  
2022-07-06 Motion for rehearing due to be filed.

Docket Entries

Date Event Outcome  
2022-07-06 Motion for Rehearing  
2022-07-06 Case forwarded to Court
2022-06-07 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2022-06-07 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2022-06-06 Motion for Extension of Time to File Motion for Rehearing  
2022-06-06 Motion for Extension of Time to File Motion for Rehearing  
2022-05-23 Letter sent to parties from Supreme Court - See Remarks  
2022-05-20 Opinion issued   Court affirms in part and reverses in part CA judgment and remands to trial court
2022-05-20 Dissenting opinion issued.   Issued
2022-05-20 Dissenting opinion issued.   Issued
2022-05-20 Court approved judgment sent to attorneys of record Issued
2022-05-19 Motion to Withdraw Filed  
2022-05-19 Motion to withdraw disposed of   Filing granted
2022-05-10 Electronic communication sent to Party  
2022-04-27 Electronic communication received from Party  
2022-04-26 Letter Filed  
  This case was waiting for a possible rehearing motion between October 26, 2021 and April 26, 2022.  
2021-10-26 Oral argument  
2021-10-26 Oral argument  
2021-10-25 Exhibits in case/cause filed (Petitioner)  
2021-10-25 Exhibits in case/cause filed (Petitioner)  
2021-10-22 Motion to dismiss disposed   Filing granted
2021-10-22 Petition for Review disposed Dismissed
2021-10-22 Submission Schedule
2021-10-18 Miscellaneous Motion  
2021-09-22 Oral Argument Submission Form from Attorney received  
2021-09-22 Oral Argument Submission Form from Attorney received  
2021-09-01 Letter sent to parties from Supreme Court - See Remarks  
  This case was waiting for oral argument between June 25, 2021 and September 1, 2021.  
2021-06-25 Case set for oral argument   Case set for oral argument
2021-06-25 Case set for oral argument   Case set for oral argument
2021-06-11 Petition for Review disposed   Filing granted
2021-06-11 Petition for Review disposed   Filing granted
2021-06-11 Petition for Review granted
2021-06-11 Petition for Review granted
  This case was pending on merits briefs between April 15, 2021 and June 11, 2021.  
2021-04-15 Amicus Curiae Brief received  
2021-03-03 Brief on the Merits  
2021-02-23 Motion for Extension of Time disposed.   Filing granted
2021-02-22 Motion for Extension of Time to File Brief filed  
2021-02-03 Motion for Extension of Time disposed.   Filing granted
2021-02-02 Motion for Extension of Time to File Brief filed  
2021-01-19 Brief on the Merits (Respondent)  
2021-01-19 Brief on the Merits (Respondent)  
2020-12-14 Call received  
2020-12-09 Motion for Extension of Time to File Brief filed  
2020-12-09 Motion for Extension of Time disposed.   Filing granted
2020-11-26 Motion for Extension of Time to File Brief filed  
2020-11-26 Motion for Extension of Time disposed.   Filing granted
2020-11-25 Brief on the Merits (Petitioner)  
2020-10-28 Brief on the Merits (Petitioner)  
2020-10-26 Motion for Extension of Time to File Brief filed  
2020-10-26 Motion for Extension of Time disposed.   Filing granted
2020-09-23 Motion for Extension of Time disposed.   Filing granted
2020-09-23 Motion for Extension of Time to File Brief filed  
2020-09-23 Motion for Extension of Time to File Brief filed  
2020-09-23 Motion for Extension of Time disposed.   Filing granted
2020-08-28 Brief on the Merits Requested  
2020-08-13 Reply to Response (Petitioner)  
2020-07-29 MET to file reply disposed of   Filing granted
2020-07-29 Motion to Extend Time to File Reply filed  
2020-07-15 Response to Petition (Respondent)  
2020-07-14 Response to Petition (Respondent)  
2020-06-12 Motion for Extension of Time to File Response disposed   Filing granted
2020-06-10 Motion for Extension of Time to File Response  
2020-06-05 Motion for Extension of Time to File Response disposed   Filing granted
2020-06-03 Motion for Extension of Time to File Response  
2020-05-15 Supreme Court of Texas Requested Response  
2020-04-14 Case forwarded to Court
2020-04-14 Case forwarded to Court
2020-04-08 Response Waiver filed  
2020-04-07 Response Waiver filed  
2020-04-07 Petition for Review #2 (Petitioner)  
2020-03-09 Petition for Review (Petitioner)  
2020-02-28 Second Motion for Extension of Time to File Petition for Review disposed   Filing granted
2020-02-28 Second Motion for Extension of Time to File Petition for Review filed  
2020-01-30 Court reporter/recorder's record
2020-01-30 Clerk's Record
2020-01-30 Court reporter/recorder's record
2020-01-30 Clerk's Record
2020-01-30 Motion for Extension of Time to File Petition for Review filed  
2020-01-30 Motion for Extension of Time to File Petition for Review disposed   Filing granted

Parties

Party Counsel Role
Primoris Services Corporation
Mr. Anthony T. Golz
Mr. Gregory M. Cokinos
Mr. Robert Naudin Jr.
Mr. Roger D. Townsend
Petitioner
Westlake Chemical Corporation
Mr. Walter Simons
Mr. Shawn D. Blackburn
Mr. Warren W. Harris
Mr. William R. H. Merrill
Mr. Ryan V. Caughey
Respondent
James Construction Group, LLC
Mr. Gregory M. Cokinos
Mr. Anthony T. Golz
Mr. Roger D. Townsend
Mr. Robert Naudin Jr.
Petitioner

Amici Curiae

Amicus Curiae Counsel
Associated General Contractors San Antonio Chapter
Ms. Karlene Dunn Poll
Lisa Erin Hobbs
TEXO The Construction Association
Ms. Karlene Dunn Poll
Lisa Erin Hobbs
Associated General Contractors Austin Chapter
Ms. Karlene Dunn Poll
Lisa Erin Hobbs
Associated General Contractors Houston Chapter
Ms. Karlene Dunn Poll
Lisa Erin Hobbs
Associated General Contractors-Texas Building Branch
Ms. Karlene Dunn Poll
Lisa Erin Hobbs
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