Opinions

Justice O'Neill delivered the opinion of the Court, joined by Chief Justice Jefferson, Justice Hecht, Justice Brister, Justice Medina, Justice Green, Justice Johnson, and Justice Willett PDF

Justice Hecht delivered a concurring opinion PDF

Justice Wainwright delivered a concurring opinion PDF

Court of Appeals

Appellate District:	9th Court of Appeals
Outcome Below:	Affirmed
COA Docket No.:	09-02-00509-CV
Opinion Author:	Honorable DON BURGESS

Trial Court

Trial Court:	60th District Court
County:	Jefferson
Trial Judge:	Honorable Gary Sanderson
Trial Docket:	B-167,222

Date	Event	Outcome
2006-01-13	Case Stored
2006-01-09	Mandate issued
2005-11-28	Description of document returned to Supreme Court
2005-11-18	Concurring Opinion issued.	Issued
2005-11-18	Concurring Opinion issued.	Issued
2005-11-18	Court approved judgment sent to attorneys of record	Issued
2005-11-18	Opinion issued	judgments below reversed/remanded tc f/settlement
	This case was awaiting the Court's decision after oral argument between June 2, 2004 and November 18, 2005.
2004-06-02	Post submission brief filed (Respondent)
	This case was awaiting the Court's decision after oral argument between February 26, 2004 and June 2, 2004.
2004-02-26	Post submission brief filed (Respondent)
2004-02-23	Letter brief (Petitioner)
2004-02-18	Oral argument
2004-02-11	Electronic copies of brief posted to website
2004-02-11	Electronic copies of brief posted to website
2004-02-04	Electronic copies of brief posted to website
2004-01-30	Petition for Review disposed	Filing granted
2004-01-30	Case set for oral argument	Case set for oral argument
2004-01-30	Petition for Review granted	Filing granted
	This case was pending on merits briefs between October 30, 2003 and January 30, 2004.
2003-10-30	Reply Brief (Petitioner)
2003-10-15	Brief on the Merits (Respondent)
2003-09-25	Brief on the Merits (Petitioner)
2003-09-15	Record Received (See Remarks)
2003-09-02	Record Requested in Petition for Review
2003-08-26	Brief on the Merits Requested
2003-08-04	Reply to Response (Petitioner)
2003-07-30	Response to Petition (Respondent)
2003-06-30	Supreme Court of Texas Requested Response
2003-06-24	Case forwarded to Court
2003-06-23	Response Waiver filed
2003-06-18	Appendix Filed (Petitioner)
2003-06-18	Petition for Review (Petitioner)

Party	Counsel	Role
PEAKE, PATRICK	Mr. Timothy W. Ferguson Mr. Bruce B. Kemp Mr. Christopher A. Kesler	Respondent
BMG DIRECT MARKETING, INC.	Ms. Lynne Liberato Mr. Gregory A. Clarick Ms. Alene Ross 'Allie' Levy Mr. Steven M. Hayes Ms. Patricia L. Casey Mr. Mark Ryan Trachtenberg	Petitioner