Supreme Court of Texas Blog

No. 05-0272
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ENTERGY GULF STATES, INC. v. JOHN SUMMERS

Oral argument was held on October 16, 2008. The Court issued an opinion resolving the case on April 3, 2009. It then denied rehearing on June 5, 2009 File Closed

In the news...

Tracking 11 articles about this case.

June 5, 2009

Order List for June 5, 2009

from SCOTXblog

This article also mentions 8 other cases.

The Court has issued opinions:

May 27, 2009

Legislative response to Entergy decision is dead

from Tex Parte

May 14, 2009

House narrowly approves workers’ compensation bill

from Houston Chronicle

May 11, 2009

Texas: Insurance group says bill would increase litigation, construction costs

from Risk and Insurance

April 30, 2009

An Entergy-Related Bill To Make Your Head Spin

from SCOTXblog

April 28, 2009

Entergy Crisis

from Burka Blog

April 17, 2009

Roundup: Entergy Bill, Open Records Bill, New Fort Worth Rules

from SCOTXblog

April 17, 2009

Roundup: Entergy Bill, Open Records Bill, New Fort Worth Rules

from SCOTXblog

The article also mentions:
  • TEXAS COMPTROLLER OF PUBLIC ACCOUNTS v. ATTORNEY GENERAL OF TEXAS AND THE DALLAS MORNING NEWS, LTD.
  • December 6, 2007

    Quorum Report: Legislature Surprised by Entergy Decision

    from SCOTXblog

    Opinions

    April 3, 2009

    Green
    Hecht
    Wainwright
    Brister
    Johnson
    Willett

    Justice Green delivered the opinion of the Court, in which Justice Wainwright and Justice Brister joined, and in Parts I, II, III, IV, V, VI, VIII and IX of which Justice Hecht joined, and in Parts I, II, III, IV, V, VI, VII, and IX of which Justice Johnson joined, and in Parts I, II, III, VI, VII, and IX of which Justice Willett joined. PDF

    Oneill
    Jefferson
    Medina

    Justice O'Neill delivered a dissenting opinion, in which Chief Justice Jefferson and Justice Medina joined. PDF

    Hecht

    Justice Hecht delivered a concurring opinion. PDF

    Willett

    Justice Willett delivered a concurring opinion. PDF

    Withdrawn Opinions

    The opinions below have been withdrawn by order of the Court.

    August 31, 2007

    Willett
    Jefferson
    Hecht
    Oneill
    Wainwright
    Brister
    Medina
    Green
    Johnson

    Justice Willett delivered the opinion of the Court. PDF

    Court of Appeals

    Appellate District:9th Court of Appeals
    Outcome Below:Reversed and Remanded
    COA Docket No.:09-04-00152-CV
    Opinion Author:Honorable Don R. Burgess

    Trial Court

    Trial Court:58th District Court
    County:Jefferson
    Trial Judge:Honorable James W. Mehaffy
    Trial Docket:A-167,088

    Docket Entries

    Date Event Outcome  
    2009-07-10 Case Stored  
    2009-06-05 Mandate issued  
    2009-06-05 Motion for Rehearing - Disposed Denied
    2009-05-05 Additional Copies received  
    2009-05-04 Reply to Response to Motion for Rehearing filed (Respondent)  
    2009-05-01 Electronic copies of brief posted to website  
    2009-04-27 Call received  
    2009-04-27 Response to Motion for Rehearing (Petitioner)  
    2009-04-10 Supreme Court of Texas Requested Response  
    2009-04-07 Additional Copies received  
    2009-04-06 Case forwarded to Court
    2009-04-06 Motion for Rehearing  
    2009-04-03 Concurring Opinion issued. Issued
    2009-04-03 Concurring Opinion issued. Issued
    2009-04-03 Opinion issued Court of Appeals' judgment reversed & judgment rendered
    2009-04-03 Dissenting opinion issued. Issued
    2009-04-03 Court approved judgment sent to attorneys of record Issued
      This case was waiting for a possible rehearing motion between January 8, 2009 and April 3, 2009.  
    2009-01-08 Suggestion of Death  
      This case was waiting for a possible rehearing motion between October 16, 2008 and January 8, 2009.  
    2008-10-16 Oral argument  
    2008-10-03 Motion to Argue disposed   Denied
    2008-10-01 Designation of Lead Counsel  
    2008-09-26 Document filed (see remarks)  
    2008-09-25 Response to Motion filed  
    2008-09-24 Oral Argument Submission Form from Attorney received  
    2008-09-23 Call received  
    2008-09-22 Motion to Argue filed  
    2008-09-09 Call received  
    2008-09-04 Oral Argument Submission Form from Attorney received  
    2008-09-04 Motion for leave to file brief disposed   Filing granted
    2008-09-03 Electronic copies of brief posted to website  
    2008-08-29 Response to Amicus Curiae Brief filed (Petitioner)  
    2008-08-29 Case set for oral argument   Case set for oral argument
    2008-08-29 Motion for leave to file brief  
    2008-08-27 Supplement to Amicus Curiae  
    2008-08-27 Electronic copies of brief posted to website  
    2008-08-14 Electronic copies of brief posted to website  
    2008-08-08 Amicus Curiae Brief received  
    2008-07-10 Electronic copies of brief posted to website  
    2008-07-07 Electronic copies of brief posted to website  
    2008-07-07 Amicus Curiae Brief received  
    2008-06-26 Supplement to Amicus Curiae  
      This case was waiting for a possible rehearing motion between April 28, 2008 and June 26, 2008.  
    2008-04-28 Electronic copies of brief posted to website  
    2008-04-25 Electronic copies of brief posted to website  
    2008-04-25 Electronic copies of brief posted to website  
    2008-04-25 Electronic copies of brief posted to website  
    2008-04-25 Electronic copies of brief posted to website  
    2008-04-25 Electronic copies of brief posted to website  
    2008-04-09 Electronic copies of brief posted to website  
    2008-04-09 Electronic copies of brief posted to website  
    2008-04-04 Rehearing of cause granted
    2008-04-04 Motion for Rehearing - Disposed Filing granted
    2008-03-18 Miscellaneous motion disposed. See Remarks.   Filing granted
    2008-03-11 Reply to Response to Motion for Rehearing filed (Petitioner)  
    2008-03-11 Miscellaneous Motion  
    2008-03-11 Phone call from Clerk's Office  
    2008-03-06 Miscellaneous motion disposed. See Remarks.   Filing granted
    2008-02-27 Electronic copies of brief posted to website  
    2008-02-27 Miscellaneous Motion  
    2008-02-27 Notice of Appearance  
    2008-02-27 Response to Motion for Rehearing (Petitioner)  
    2008-01-22 Amicus Curiae Brief received  
    2007-12-19 Motion for Extension of Time to File Response  
    2007-12-19 Motion for Extension of Time disposed.   Filing granted
    2007-12-17 Amicus Curiae Brief received  
    2007-12-14 Amicus Curiae Brief received  
    2007-12-14 Supplement to Amicus Curiae  
    2007-12-14 Supreme Court of Texas Requested Response  
    2007-12-13 Electronic copies of brief posted to website  
    2007-12-13 Supplement to Amicus Curiae  
    2007-12-11 Amicus Curiae Brief received  
    2007-12-11 Amicus Curiae Brief received  
    2007-12-07 Amicus Curiae Brief received  
    2007-11-26 Supplement to Motion for Rehearing (Respondent)  
    2007-11-19 Motion for Rehearing  
    2007-11-19 Electronic copies of brief posted to website  
    2007-11-19 Case forwarded to Court
    2007-10-04 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
    2007-10-02 Motion for Extension of Time to File Motion for Rehearing  
    2007-08-31 Opinion issued Court of Appeals' judgment reversed & judgment rendered
    2007-08-31 Court approved judgment sent to attorneys of record Issued
      This case was awaiting the Court's decision after oral argument between February 5, 2007 and August 31, 2007.  
    2007-02-05 Electronic copies of brief posted to website  
    2007-02-05 Amicus Curiae Brief received  
    2007-01-24 Oral argument  
    2007-01-18 Call made to request electronic copies of briefs  
      This case was waiting for oral argument between October 12, 2006 and January 18, 2007.  
    2006-10-12 Letter Filed  
    2006-09-29 Submission reset   Case set for oral argument
    2006-09-29 Motion to re-set submission date disposed   Filing granted
    2006-09-26 Additional Copies received  
    2006-09-25 Motion to re-set submission date filed.  
    2006-09-22 Letter Received  
    2006-09-21 Phone call from Clerk's Office  
    2006-09-21 Call received  
    2006-09-11 Electronic copies of brief posted to website  
    2006-09-11 Call made to request electronic copies of briefs  
      This case was waiting for oral argument between July 7, 2006 and September 11, 2006.  
    2006-07-07 Case set for oral argument   Case set for oral argument
      This case was waiting for oral argument between April 21, 2006 and July 7, 2006.  
    2006-04-21 Case set for oral argument   The date and time for oral argument are yet to be determined.
    2006-04-21 Petition for Review disposed Filing granted
    2006-04-21 Petition for Review granted
      This case was pending on merits briefs between January 11, 2006 and April 21, 2006.  
    2006-01-11 Reply Brief (Petitioner)  
    2006-01-11 Electronic copies of brief posted to website  
    2006-01-11 Electronic copies of brief posted to website  
    2005-12-27 Electronic copies of brief posted to website  
    2005-12-27 Brief on the Merits (Respondent)  
    2005-11-23 Motion for Extension of Time disposed.   Filing granted
    2005-11-18 Motion for Extension of Time to File Brief filed  
    2005-11-16 Call received  
    2005-11-08 Electronic copies of brief posted to website  
    2005-11-08 Electronic copies of brief posted to website  
    2005-11-07 Brief on the Merits (Petitioner)  
    2005-10-05 Letter sent to parties from Supreme Court - See Remarks  
    2005-09-27 Call received  
    2005-09-21 Case Record Filed  
    2005-09-16 Electronic copies of brief posted to website  
    2005-09-07 Record Requested in Petition for Review
    2005-09-06 Brief on the Merits Requested  
      This case was waiting for a decision about briefing or a possible grant between June 28, 2005 and September 6, 2005.  
    2005-06-28 Motion for Extension of Time disposed.   Filing granted
    2005-06-28 Response to Petition (Respondent)  
    2005-06-22 Amicus Curiae Brief received  
    2005-06-22 Phone call from Clerk's Office  
    2005-06-22 Notice requesting filing fee  
    2005-06-22 Motion for Extension of Time to File Response  
    2005-05-23 Supreme Court of Texas Requested Response  
    2005-05-03 Case forwarded to Court
    2005-04-26 Response Waiver filed  
    2005-04-08 Petition for Review (Petitioner)  
    2005-04-08 Appendix Filed (Petitioner)  

    Parties

    Party Counsel Role
    Entergy Gulf States, Inc.
    Ms. Christine S. Kibbe
    Ms. Sharon E. Callaway
    Ms. Jacqueline M. Stroh
    Mr. Paul A. Scheurich
    Petitioner
    Summers, John
    Ms. Collyn A. Peddie
    Mr. Steven C. Barkley
    Respondent

    Amici Curiae

    Amicus Curiae Counsel
    Texans for Lawsuit Reform
    Mr. E. Lee Parsley
    Texas Association of Defense Counsel
    Mr. Scott P. Stolley
    Texas Trial Lawyers Association
    Ms. Zoe Emily Taylor
    Mr. Guy D. Choate
    Mr. Peter M. Kelly
    Mr. Jay Harvey
    The Texas Civil Justice League
    Mr. George S. Christian
    The Texas AFL-CIO
    Mr. Richard Levy
    Ms. Collyn A. Peddie
    Toben, Bradley J.B.
    Mr. James M. Underwood
    Looney, Rob
    Mr. Robert L. Looney
    ABC of Texas, Inc.
    Ms. Christina Stone
    Ellis, Rodney
    Mr. A. Craig Eiland
    Bresnen, Steve
    Mr. Steven Greene Bresnen
    ...
    ...