Supreme Court of Texas Blog

No. 21-0843
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AMERICAN NATIONAL INSURANCE COMPANY v. BERTHA ARCE, INDIVIDUALLY AND AS REPRESENTATIVE OF ALL OTHERS SIMILARLY SITUATED

Oral argument was held on January 12, 2023. The Court issued an opinion resolving the case on April 28, 2023. It then denied rehearing on September 1, 2023 File Closed

Opinions

April 28, 2023

Devine
Hecht
Lehrmann
Boyd
Blacklock
Busby
Bland
Huddle
Young

Justice Devine delivered the opinion of the Court. PDF

Young

Justice Young filed a concurring opinion.View Electronic Briefs | Oral Argument PDF

 

Court of Appeals

Appellate District:7th Court of Appeals
Outcome Below:Reverse & Remand
COA Docket No.:07-19-00362-CV
Opinion Author:Honorable Patrick A. Pirtle

Trial Court

Trial Court:46th District Court
County:Hardeman
Trial Judge:Honorable Dan Mike Bird
Trial Docket:11529

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2023-09-01 Mandate issued  
2023-09-01 Motion for Rehearing - Disposed Denied
2023-08-21 Amicus Curiae Letter Received  
2023-08-21 Call received  
2023-07-18 Case forwarded to Court
2023-07-17 Motion for Rehearing  
2023-06-12 Motion for Extension of Time to File Motion for Rehearing  
2023-06-12 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2023-05-12 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2023-05-11 Motion for Extension of Time to File Motion for Rehearing  
2023-04-28 Concurring Opinion issued.   Issued
2023-04-28 Court approved judgment sent to attorneys of record Issued
2023-04-28 Opinion issued   Court affirms in part and reverses in part CA judgment and remands to trial court
2023-03-15 Notice received  
2023-03-15 Post submission brief filed (Respondent)  
2023-01-31 Post submission brief filed (Petitioner)  
2023-01-17 Amicus Curiae Brief received  
2023-01-12 Oral argument  
2023-01-09 Exhibits in case/cause filed (Petitioner)  
2023-01-09 Exhibits in case/cause filed (Petitioner)  
2023-01-06 Amicus Curiae Brief received  
2023-01-06 Submission Schedule
2022-12-03 Oral Argument Submission Form from Attorney received  
2022-11-29 Oral Argument Submission Form from Attorney received  
2022-11-18 Petition for Review granted
2022-11-18 Case set for oral argument   Case set for oral argument
2022-11-18 Petition for Review disposed Filing granted
2022-10-21 Amicus Curiae Brief received  
2022-10-20 Pro hac vice motion disposed   Filing granted
2022-10-20 Pro hac vice motion disposed   Filing granted
2022-10-20 Pro hac vice motion filed  
2022-10-20 Pro hac vice motion filed  
2022-10-14 Reply Brief (Petitioner)  
2022-10-04 Motion for Extension of Time to File Brief filed  
2022-10-04 Motion for Extension of Time disposed.   Filing granted
2022-09-22 Brief on the Merits (Respondent)  
2022-09-15 Motion for Extension of Time to File Brief filed  
2022-09-15 Motion for Extension of Time disposed.   Filing granted
2022-08-15 Motion for Extension of Time to File Brief filed  
2022-08-15 Motion for Extension of Time disposed.   Filing granted
2022-07-27 Brief on the Merits (Petitioner)  
2022-06-15 Motion for Extension of Time to File Brief filed  
2022-06-15 Motion for Extension of Time disposed.   Filing granted
2022-05-27 Brief on the Merits Requested  
  This case was waiting for a decision about briefing or a possible grant between March 24, 2022 and May 27, 2022.  
2022-03-24 Amicus Curiae Letter Received  
2022-03-17 Reply to Response (Petitioner)  
2022-03-14 MET to file reply disposed of   Filing granted
2022-03-11 Motion to Extend Time to File Reply filed  
2022-02-24 Response to Petition (Respondent)  
2022-02-18 Call received  
2022-02-17 Motion for Extension of Time to File Response disposed   Filing granted
2022-02-16 Motion for Extension of Time to File Response  
2022-01-13 Motion for Extension of Time to File Response  
2022-01-13 Motion for Extension of Time to File Response disposed   Filing granted in part
2021-12-17 Supreme Court of Texas Requested Response  
2021-11-16 Case forwarded to Court
2021-11-10 Response Waiver filed  
2021-11-08 Petition for Review (Petitioner)  
2021-09-29 Clerk's Record
2021-09-29 Supplement to Clerk's/Reporter's Record
2021-09-29 Court reporter/recorder's record
2021-09-29 Supplement to Clerk's/Reporter's Record
2021-09-29 Motion for Extension of Time to File Petition for Review filed  
2021-09-29 Motion for Extension of Time to File Petition for Review disposed   Filing granted

Parties

Party Counsel Role
American National Insurance Company
Mr. Michael Adams
Ms. Angela Olalde
Mr. Paul Green
Mr. Michael David Leblanc
Petitioner
Arce, Bertha
Mr. John H. Barr II
Mr. Mark A. Ticer
Mr. Juan Carlos Hernandez
Ms. Jennifer W. Johnson
Mr. John T. Smithee
Respondent

Amici Curiae

Amicus Curiae Counsel
Whitaker, Andrew C.
Mr. Andrew C. Whitaker
RSUI Group, Inc.
Ms. Jo Allison Stasney
Mr. J. Richard Harmon
Mr. Wade C. Crosnoe
American Council of Life Insurers (ACLI)
Mr. Louis F. Mendez
Ms. Susan Alexander Logsdon
Mr. Donald R. Littlefield
Texas Association of Life and Health Insurers (TALHI)
Mr. Jay Thompson
Mr. Wade C. Crosnoe
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