Supreme Court of Texas Blog

No. 05-1076
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EXXON CORPORATION AND EXXON TEXAS, INC. v. EMERALD OIL & GAS COMPANY, L.C. AND LAURIE T. MIESCH, ET AL.

Oral argument was held on February 13, 2007. The Court issued an opinion resolving the case on April 1, 2011. File Closed

In the news...

Tracking 13 articles about this case.

April 1, 2011

Who can sue when commercial lenders back out; two grants about whether the med-mal statute covers assault [Apr. 1, 2011]

from SCOTXblog

This article also mentions 5 other cases.

The Court has issued opinions:

Wainwright Jefferson Hecht Medina Green Johnson Willett

Opinion of the Court
*Corrected Opinion (Dec 17, 2010)

December 23, 2010

A busy week for tort law, and one new grant [Dec. 17, 2010]

from SCOTXblog

This article also mentions 5 other cases.

December 17, 2010

Exxon wins, again, in oil field sabotage case

from Austin American-Statesman

The article also mentions:
  • EXXON CORPORATION AND EXXON TEXAS, INC. v. EMERALD OIL & GAS COMPANY, L.C.
  • November 29, 2009

    Don't Mess with Texas

    from Legal Infrastructure of Business

    November 20, 2009

    New CVSG; Exxon well-plugging cases to be reheard; a (rare) improvident grant; four new grants [orders Nov. 20, 2009]

    from SCOTXblog

    This article also mentions 12 other cases.

    November 20, 2009

    Supreme Court agrees to rehear Exxon well-plugging case

    from Austin American-Statesman

    November 20, 2009

    Texas high court agrees to rehear Exxon case

    from AP

    November 20, 2009

    New CVSG; Exxon well-plugging cases to be reheard; a (rare) improvident grant; four new grants [orders Nov. 20, 2009]

    from SCOTXblog

    This article also mentions 14 other cases.

    August 18, 2009

    Texas land commissioner seeks hearings on oil-well accusations against Exxon

    from Fort Worth Star-Telegram

    August 3, 2009

    ExxonMobil slams $1bn sabotage claim

    from UpstreamOnline.com

    July 21, 2009

    EXXON MOBIL FACES $1B FINE

    from New York Post

    July 18, 2009

    State official: Investigate Exxon for 'sabotage'

    from Austin American-Statesman

    March 27, 2009

    Order List for March 27, 2009

    from SCOTXblog

    This article also mentions 12 other cases.

    Opinions

    December 17, 2010

    Wainwright
    Jefferson
    Hecht
    Medina
    Green
    Johnson
    Willett

    Justice Wainwright delivered the opinion of the Court. PDF

    Withdrawn Opinions

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

    March 27, 2009

    Wainwright
    Jefferson
    Hecht
    Brister
    Medina
    Green
    Johnson
    Willett

    Justice Wainwright delivered the opinion of the Court. PDF

     

    Court of Appeals

    Appellate District:13th Court of Appeals
    Outcome Below:Aff/Rev & Rem
    COA Docket No.:13-00-00104-CV
    Opinion Author:Honorable Rogelio Valdez

    Trial Court

    Trial Court:135th District Court
    County:Refugio
    Trial Judge:Honorable Joseph P. Kelly
    Trial Docket:96-7-8148

    Entries on SCOTX Orders Lists

    Docket Entries

    Date Event Outcome  
    2011-07-08 Case Stored  
      This case was waiting for a possible rehearing motion between April 6, 2011 and July 8, 2011.  
    2011-04-06 Record returned to Court of Appeals  
    2011-04-06 Mandate issued  
    2011-04-01 Opinion issued Court of appeals judgment reveresed/affirmed/rendered/ and remanded
    2011-04-01 Motion for Rehearing - Disposed Denied with Justice not sitting.
    2011-04-01 Motion for Rehearing - Disposed Denied with Justice not sitting.
    2011-04-01 Previous opinion withdrawn  
    2011-02-17 Case forwarded to Court
    2011-02-17 Motion for Rehearing  
    2011-02-16 Case forwarded to Court
    2011-02-16 Motion for Rehearing  
    2011-02-10 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
    2011-02-10 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
    2011-02-01 Motion for Extension of Time to File Motion for Rehearing  
    2011-02-01 Motion for Extension of Time to File Motion for Rehearing  
    2011-01-04 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
    2011-01-04 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
    2010-12-31 Motion for Extension of Time to File Motion for Rehearing  
    2010-12-31 Motion for Extension of Time to File Motion for Rehearing  
    2010-12-17 Opinion issued Court of appeals judgment reveresed/affirmed/rendered/ and remanded
    2010-12-17 Court approved judgment sent to attorneys of record Issued
    2010-12-17 Previous opinion withdrawn  
    2010-12-17 Opinion issued Issued
      This case was awaiting the Court's decision after oral argument between February 5, 2010 and December 17, 2010.  
    2010-02-05 Address Change  
    2010-01-11 Response to Motion for Rehearing (Petitioner)  
    2010-01-11 Response to Motion for Rehearing (Petitioner)  
    2010-01-11 Response to Motion for Rehearing (Petitioner)  
    2009-12-10 Motion for Extension of Time to File Response  
    2009-12-10 Motion for Extension of Time disposed.   Filing granted
    2009-11-20 Supreme Court of Texas Requested Response  
    2009-11-20 Motion for Rehearing Granted
    2009-11-20 Motion for Rehearing Granted
    2009-11-20 Motion for Rehearing - Disposed Filing granted
    2009-11-20 Motion for Rehearing - Disposed Filing granted
    2009-11-09 Letter Filed  
    2009-11-04 Amicus Curiae Brief received  
    2009-11-02 Letter Filed  
      This case was waiting for a decision about a pending motion for rehearing between August 26, 2009 and November 2, 2009.  
    2009-08-26 Amicus Curiae Brief received  
    2009-07-30 Amicus Curiae Brief received  
      This case was waiting for a decision about a pending motion for rehearing between June 1, 2009 and July 30, 2009.  
    2009-06-01 Motion for Rehearing  
    2009-06-01 Phone call from Clerk's Office  
    2009-05-28 Motion for Rehearing  
    2009-05-28 Case forwarded to Court
    2009-05-14 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
    2009-05-14 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
    2009-05-12 Motion for Extension of Time to File Motion for Rehearing  
    2009-05-12 Motion for Extension of Time to File Motion for Rehearing  
    2009-04-17 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
    2009-04-15 Motion for Extension of Time to File Motion for Rehearing  
    2009-04-14 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
    2009-04-10 Motion for Extension of Time to File Motion for Rehearing  
    2009-03-27 Court approved judgment sent to attorneys of record Issued
    2009-03-27 Opinion issued Court of appeals judgment reveresed/affirmed/rendered/ and remanded
      This case was awaiting the Court's decision after oral argument between December 12, 2008 and March 27, 2009.  
    2008-12-12 Address Change  
      This case was awaiting the Court's decision after oral argument between February 19, 2008 and December 12, 2008.  
    2008-02-19 Surreply filed (Respondent)  
    2008-01-09 Reply to Response (Petitioner)  
    2007-11-30 Electronic copies of brief posted to website  
    2007-11-28 Response to Brief filed (Respondent)  
    2007-11-28 Post submission brief filed (Respondent)  
      This case was awaiting the Court's decision after oral argument between April 23, 2007 and November 28, 2007.  
    2007-04-23 Electronic copies of brief posted to website  
    2007-04-19 Post submission brief filed (Petitioner)  
    2007-04-17 Address Change  
    2007-03-22 Amicus Curiae Brief received  
    2007-02-13 Exhibits in case/cause filed (Petitioner)  
    2007-02-13 Oral argument  
    2007-02-13 Exhibits in case/cause filed (Petitioner)  
    2007-02-05 Call made to request electronic copies of briefs  
    2007-02-05 Electronic copies of brief posted to website  
    2007-02-05 Electronic copies of brief posted to website  
    2007-02-05 Electronic copies of brief posted to website  
    2007-01-31 Amicus Curiae Brief received  
    2007-01-18 Electronic copies of brief posted to website  
    2007-01-10 Response to Amicus Curiae Brief filed (Respondent)  
    2007-01-09 Electronic copies of brief posted to website  
    2006-12-01 Case set for oral argument   Case set for oral argument
    2006-12-01 Petition for Review granted
    2006-12-01 Petition for Review disposed Filing granted
    2006-10-27 Motion for extension of length of brief disposed   Filing granted
    2006-10-20 Address Change  
    2006-10-19 Electronic copies of brief posted to website  
    2006-10-17 Reply Brief (Petitioner)  
    2006-10-17 Motion for Extension of Length of Brief filed  
    2006-10-16 Amicus Curiae Brief received  
    2006-10-06 Electronic copies of brief posted to website  
    2006-10-06 Electronic copies of brief posted to website  
    2006-10-02 Brief on the Merits (Respondent)  
    2006-10-02 Brief on the Merits (Respondent)  
    2006-09-18 Motion for Extension of Time disposed.   Filing granted
    2006-09-18 Motion for Extension of Time disposed.   Filing granted
    2006-09-13 Reply to Response (Respondent)  
    2006-09-12 Response to Motion filed  
    2006-09-12 Correction filed (See Remarks)  
    2006-09-11 Call received  
    2006-09-11 Motion for Extension of Time to File Brief filed  
    2006-09-11 Motion for Extension of Time to File Brief filed  
    2006-07-26 Phone call from Clerk's Office  
    2006-07-24 Letter Filed  
    2006-07-14 Motion for Extension of Time disposed.   Filing granted
    2006-07-14 Motion for Extension of Time disposed.   Filing granted
    2006-07-11 Electronic copies of brief posted to website  
    2006-07-10 Motion for Extension of Time to File Brief filed  
    2006-07-10 Motion for Extension of Time to File Brief filed  
    2006-07-10 Notice of Appearance  
    2006-06-30 Brief on the Merits (Petitioner)  
    2006-06-21 Electronic copies of brief posted to website  
    2006-06-21 Electronic copies of brief posted to website  
    2006-06-21 Electronic copies of brief posted to website  
    2006-06-12 Case Record Filed  
    2006-06-05 Electronic copies of brief posted to website  
    2006-06-01 Record Requested in Petition for Review
    2006-05-31 Brief on the Merits Requested  
    2006-05-17 Amicus Curiae Letter Received  
    2006-05-16 Amicus Curiae Brief received  
    2006-04-28 Reply to Response (Petitioner)  
    2006-04-14 Response to Petition (Respondent)  
    2006-03-23 Motion for Extension of Time to File Response disposed   Filing granted
    2006-03-21 Case forwarded to Court
    2006-03-20 Motion for Extension of Time to File Response  
    2006-03-08 Call received  
    2006-03-03 Designation of Lead Counsel  
    2006-03-03 Response Waiver filed  
    2006-02-28 Supplement to Amicus Curiae (Amicus Curiae)  
    2006-02-22 Amicus Curiae Brief received  
    2006-02-13 Petition for Review (Petitioner)  
    2006-02-13 Appendix Filed (Petitioner)  
    2005-12-28 Motion for Extension of Time to File Petition for Review disposed   Filing granted
    2005-12-22 Notice of Appearance  
    2005-12-22 Motion for Extension of Time to File Petition for Review filed  

    Parties

    Party Counsel Role
    Dunn-O'Connor Family Trust
    Mr. David P. Wilson
    Respondent
    Emerald Oil & Gas Company, L.P.
    Mr. Ryan D. Clinton
    Ms. Deborah G. Hankinson
    Ms. Elana S. Einhorn
    Ms. Maria Teresa Arguindegui
    Ms. Alice Oliver-Parrott
    Ms. Candace Beth Kaiser Eindorf
    Mr. William J. Joseph Jr.
    Respondent
    Exxon Corporation
    Mr. Byron C. Keeling
    Mr. S. Jack Balagia Jr.
    Mr. W. Timothy George
    Mr. Patton G. Lochridge
    Ms. Karen L. Watkins
    Ms. Marla Diane Broaddus
    Mr. Shannon H. Ratliff
    Mr. John E. O'Neill
    Petitioner
    O'Connor, Nancy
    Mr. David P. Wilson
    Respondent
    Dunn, Brien O'Connor
    Mr. David P. Wilson
    Respondent
    Dunn O'Connor, Morgan Francis
    Mr. Darren L. Brown
    Mr. David P. Wilson
    Ms. Eileen F. O'Neill
    Respondent
    Scharr, Kelly Dunn
    Mr. David P. Wilson
    Respondent
    Robertson, Janie Miesch
    Mr. Michael James Krueger
    Other Interested Party
    Greeson, Bridley Dunn
    Mr. David P. Wilson
    Respondent
    Miesch, Laurie T.
    Mr. William J. Joseph Jr.
    Mr. Hartley Hampton
    Mr. Michael James Krueger
    Ms. Candace Beth Kaiser Eindorf
    Respondent
    O'Connor, T. Michael
    Mr. David P. Wilson
    Respondent

    Amici Curiae

    Amicus Curiae Counsel
    The Texas Alliance of Energy Producers
    Mr. William Guy Arnot III
    Texas Oil & Gas Association
    Mr. Keith Strama
    Mr. Everard A. Marseglia Jr.
    The Texas Land and Mineral Owners' Association
    Mr. John B. McFarland
    Patterson, Jerry
    Mr. William F. Warnick
    Texas and Southwestern Cattle Raisers Association
    Mr. Zachary S. Brady
    Weaver, Jacqueline Lang
    Ms. Jacqueline L Weaver
    ...
    ...