Supreme Court of Texas Blog

No. 04-1023
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IN RE ALLIED CHEMICAL CORPORATION, ET AL.

Oral argument was held on November 16, 2005. The Court issued an opinion resolving the case on June 15, 2007. File Closed

Opinions

June 15, 2007

Brister
Hecht
Medina
Green
Willett

Justice Brister delivered the opinion of the Court, joined by Justice Hecht, Justice Medina, Justice Green, and Justice Willett PDF

Jefferson
Oneill
Wainwright
Johnson

Chief Justice Jefferson delivered a dissenting opinion, joined by Justice O'Neill, Justice Wainwright, and Justice Johnson PDF

Wainwright

Justice Wainwright delivered a dissenting opinion PDF

Hecht

Justice Hecht delivered a concurring opinion PDF

Court of Appeals

Appellate District:13th Court of Appeals
Outcome Below:Denied
COA Docket No.:13-04-00491-CV
Opinion Author:Per Curiam

Trial Court

Trial Court:332nd District Court
County:Hidalgo
Trial Judge:Honorable Mario E. Ramirez
Trial Docket:C-4885-99-F

Docket Entries

Date Event Outcome  
2007-08-09 Case Stored  
2007-08-07 Certified cys of cost bill sent to attys of record  
  This case was waiting for a possible rehearing motion between June 15, 2007 and August 7, 2007.  
2007-06-15 Dissenting opinion issued. Issued
2007-06-15 Opinion issued Writ of Mandamus conditionally granted
2007-06-15 Concurring Opinion issued. Issued
2007-06-15 Dissenting opinion issued. Issued
2007-06-15 Motion to Lift Stay Order disposed   Filing dismissed as moot
2007-06-15 Motion to Lift Stay Order disposed   Filing dismissed as moot
2007-06-15 Stay Order lifted  
2007-06-15 Motion to dismiss disposed   Denied
2007-04-30 Letter brief (Real Parties in Interest)  
2007-03-27 Address Change  
2007-03-20 Additional citations received. (Relator)  
  This case was awaiting the Court's decision after oral argument between November 22, 2006 and March 20, 2007.  
2006-11-22 Motion to lift stay filed  
  This case was awaiting the Court's decision after oral argument between September 26, 2006 and November 22, 2006.  
2006-09-26 Surreply filed (Relator)  
2006-09-20 Appendices  
2006-09-20 Response to Petition (Real Parties in Interest)  
2006-09-20 Reply to Response (Real Parties in Interest)  
2006-09-15 Post submission brief filed (Relator)  
2006-09-14 Response to Motion filed  
2006-09-12 Letter Filed  
2006-09-11 Motion to lift stay filed  
2006-08-25 Stay order lifted in part  
2006-08-25 Motion to Lift Stay Order disposed   Filing granted
2006-08-21 Motion to lift stay filed  
2006-08-04 Description of document returned to Supreme Court  
2006-07-28 Miscellaneous motion disposed. See Remarks.   Denied
  This case was awaiting the Court's decision after oral argument between May 31, 2006 and July 28, 2006.  
2006-05-31 Adoption by another party of brief already filed  
2006-05-16 Amendment to Motion filed  
2006-05-02 Address Change  
2006-04-21 Motion to Lift Stay Order disposed   Filing granted
2006-04-21 Stay order lifted in part  
2006-03-27 Motion to lift stay filed  
  This case was awaiting the Court's decision after oral argument between November 16, 2005 and March 27, 2006.  
2005-11-16 Exhibits in case/cause filed (Relator)  
2005-11-16 Oral argument  
2005-10-25 Reply Brief (Relator)  
2005-10-25 Electronic copies of brief posted to website  
2005-09-26 Letter sent to parties from Supreme Court - See Remarks  
2005-09-19 Electronic copies of brief posted to website  
2005-09-19 Electronic copies of brief posted to website  
2005-09-06 Electronic copies of brief posted to website  
2005-08-26 Petition for Writ of Mandamus disposed Case set for oral argument
2005-08-26 Mandamus Set to Argue
2005-08-26 Case set for oral argument Case set for oral argument
2005-08-25 Brief on the Merits (Real Parties in Interest)  
2005-08-03 Motion for Extension of Time disposed.   Form Letter sent in response to motion for extension of time
2005-07-22 Response to Motion filed  
2005-07-21 Motion for Extension of Time to File Brief filed  
2005-07-05 Notice received  
2005-06-21 Motion for Extension of Time disposed.   Filing granted
2005-06-21 Motion for Extension of Time disposed.   Filing granted
2005-06-14 Reply to Response (Real Parties in Interest)  
2005-06-10 Phone call from Clerk's Office  
2005-06-09 Correction filed (See Remarks)  
2005-06-08 Phone call from Clerk's Office  
2005-06-06 Supplement to Petition filed (Relator)  
2005-06-06 Response to Motion filed  
2005-05-27 Notice received  
2005-05-27 Motion to dismiss  
2005-05-17 Certification (various) in case received  
2005-05-17 Letter Filed  
2005-05-13 Motion for Extension of Time to File Brief filed  
2005-04-29 Stay order lifted in part  
2005-04-29 Motion to Lift Stay Order disposed   motion granted in part
2005-04-29 Miscellaneous motion disposed. See Remarks.   Filing granted
2005-04-27 Surreply filed (Relator)  
2005-04-27 Miscellaneous Motion  
2005-04-21 Reply to Response (Real Parties in Interest)  
2005-04-15 Response to Motion filed  
2005-04-15 Response to Motion filed  
2005-04-15 Miscellaneous Motion  
2005-04-11 Response to Motion filed  
2005-04-11 Motion for Extension of Time to File Brief filed  
2005-04-08 Supreme Court of Texas Requested Response  
2005-04-04 Motion to lift stay filed  
2005-03-28 Stay Order issued
2005-03-28 Motion to Stay Disposed   Filing granted
2005-03-14 Motion for Extension of Time disposed.   Filing granted
2005-03-10 Motion for Extension of Time to File Brief filed  
2005-03-07 Motion to Stay Filed  
2005-02-23 Electronic copies of brief posted to website  
2005-02-23 Electronic copies of brief posted to website  
2005-02-23 Electronic copies of brief posted to website  
2005-02-18 Brief on the Merits (Relator)  
2005-01-19 Brief on the Merits Requested  
2004-12-22 Reply to Response (Relator)  
2004-12-08 Response to Petition for Writ of Mandamus Filed (Respondent)  
2004-12-06 Notice from Counsel of a change in address  
2004-11-30 Case forwarded to Court
2004-11-16 Appendix Filed (Relator)  
2004-11-16 Correction filed (See Remarks)  
2004-11-16 Phone call from Clerk's Office  
2004-11-16 Case Record Filed  
2004-11-16 Petition for Writ of Mandamus (Relator)  

Parties

Party Counsel Role
Wyeth and American Cyanamid Company
Mr. J. A. (Tony) Canales
Relator
Gomez, Irma
Ms. Linda Laurent Thomas
Mr. Ramon Garcia
Mr. David W. Holman
Mr. Ramon Rosales Jr.
Mr. Dennis C. Reich
Mr. Robert Alan York
Ms. Michelle Wymae Wan
Mr. Mauro L. Reyna III
Real Party In Interest
Monsanto Company
Mr. David Blackshear Mantor
Relator
Monsanto Company
Relator
Allied Chemical Corporation
Mr. Robert G. 'Bob' Newman
Ms. Rosemarie Kanusky
Relator
Earth-Tech, Inc.
Mr. Michael B. Hughes
Mr. David E. Cowen
Ms. Michelle E. Murphy
Relator
Arkema Group
Mr. R. Bruce Hurley
Mr. David G. Oliveira
Relator
Monsanto Company and Pharmacia Corporation
Mr. Jose E. Garcia
Relator
Velsicol Chemical Corporation
Relator
BASF Corporation, et al.
Mr. Richard L. Josephson
Mr. Michael B. Bennett
Relator
Chevron Chemical Company
Mr. Robert Phillip Scott
Ms. Susie Denise Rosenthal
Ms. Delia A. Spencer
Relator
E.I. Du Pont De Nemours Company
Mr. Ricardo G. Cedillo
Relator
Helena Chemical Company
Ms. Brandy Wingate Voss
Mr. Robert L. Soza
Ms. Julia W. Mann
Mr. Mark Anthony Fassold
Mr. Robert B. Gilbreath
Mr. David Neal Calvillo
Mr. Marc Edward Rietvelt
Relator
Los Angeles Chemical Company
Mr. Walter J. Passmore
Relator
Kerr-McGee Chemical LLP
Mr. Michael J. Mazzone
Ms. Ann Al-Bahish
Relator
Montrose Chemical Corporation of California
Mr. Peter Thompson
Mr. Reagan W. Simpson
Mr. Robert M. Howard
Ms. Christine G. Rolph
Relator
Rohm and Haas Company
Mr. Troy Ford
Mr. David J. Beck
Relator
Tex-Ag Co.
Mr. O. C. Hamilton Jr.
Relator
Union Pacific Railroad Company
Mr. Norton A. Colvin Jr.
Relator
Dow Chemical Company
Mr. Edmundo O. Ramirez
Relator
Chevron Chemical Company
Ms. Delia A. Spencer
Relator
Wyeth and American Cyanamid Company
Mr. Michael R. Klatt
Relator
E. I. Du Pont De Nemours Company
Mr. Derick James Rodgers
Relator
E.I. Du Pont De Nemours Company
Mr. Richard W. Espey
Relator
Velsicol Chemical Corporation
Mr. Brady Sherrod Edwards
Relator
Salinas, Alejandrina
Mr. George P. Powell
Intervenor
Holton, Kathleen
Mr. Dwight E. Jefferson
Intervenor
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