Supreme Court of Texas Blog

No. 09-0558
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MARSH USA INC. AND MARSH & MCLENNAN COMPANIES, INC. v. REX COOK

Oral argument was held on September 16, 2010. The Court issued an opinion resolving the case on June 24, 2011. It then denied rehearing on December 16, 2011 File Closed

In the news...

Tracking 10 articles about this case.

August 1, 2011

Marsh USA: Texas Noncompete Agreements More Enforceable

from Texas Non-Compete Law Blog

The Court has issued opinions:

Wainwright Hecht Medina Johnson Guzman

Concurring and Dissenting
*Corrected Opinion (Dec 16, 2011)

June 29, 2011

Texas Supreme Court Rules Stock Options Sufficient Consideration to Support Post-Employment Restrictive Covenant

from Unfair Competition & Trade Secrets Blog

June 24, 2011

In a Groundbreaking Decision, the Texas Supreme Court Substantially Broadens the Universe of Enforceable Noncompetes

from M3 Blog

October 26, 2010

Texas Supreme Court Considers Whether Stock Options are Consideration for Covenants Not to Compete

from Kroger Frisby

April 23, 2010

Texas Supreme Court Accepts Non-Compete Issue for Review

from San Antonio Employment Law Blog

April 14, 2010

Noncompetes in Texas: Can Money Alone Serve as Consideration for an Enforceable Noncompete

from HR Lawyer's Blog

April 13, 2010

Texas values clash in noncompete case high court agrees to hear

from Texas Lawyer

April 9, 2010

Supreme Court of Texas Grants Review in Stock-Options Noncompete Case

from Texas Employment Law Update

April 9, 2010

Seven new cases granted [orders of April 9, 2010]

from SCOTXblog

This article also mentions 6 other cases.

Opinions

December 16, 2011

Wainwright
Hecht
Medina
Johnson
Guzman

The Court's opinion of June 24, 2011 is withdrawn and the opinion of this date is substituted. The concurring opinion by Justice Willet, the dissenting opinion by Justice Green, and the judgment issued June 24, 2011, remain in place. PDF

June 24, 2011

Green
Jefferson
Lehrmann

Justice Green delivered a dissenting opinion, in which Chief Justice Jefferson and Justice Lehrmann joined. PDF

Willett

Justice Willett delivered an opinion concurring in the judgment. PDF

Withdrawn Opinions

The opinions below have been withdrawn by order of the Court.

June 24, 2011

Wainwright
Hecht
Medina
Johnson
Guzman

Justice Wainwright delivered the opinion of the Court, in which Justice Hecht, Justice Medina, Justice Johnson, and Justice Guzman joined. PDF

Court of Appeals

Appellate District:5th Court of Appeals
Outcome Below:Affirmed
COA Docket No.:05-08-00685-CV
Opinion Author:Honorable Carolyn I. Wright

Trial Court

Trial Court:68th District Court
County:Dallas
Trial Judge:Honorable Martin J. Hoffman
Trial Docket:08-02906-C

Docket Entries

Date Event Outcome  
2011-12-21 Case Stored  
2011-12-16 Motion for Rehearing - Disposed Denied
2011-12-16 Mandate issued  
2011-12-16 New majority opinion substituted for prior opinion Court of Appeals' judgment reversed; cause remanded to trial court
2011-12-16 Previous opinion withdrawn  
  This case was waiting for a decision about a pending motion for rehearing between October 19, 2011 and December 16, 2011.  
2011-10-19 Reply to Response to Motion for Rehearing filed (Respondent)  
2011-10-07 Response to Motion for Rehearing (Petitioner)  
2011-09-16 Motion for Extension of Time disposed.   Filing granted
2011-09-15 Motion for Extension of Time to File Response  
2011-09-07 Supreme Court of Texas Requested Response  
2011-08-10 Case forwarded to Court
2011-08-10 Motion for Rehearing  
2011-07-01 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2011-06-30 Motion for Extension of Time to File Motion for Rehearing  
2011-06-24 Concurring Opinion issued. Issued
2011-06-24 Opinion issued Court of Appeals' judgment reversed; cause remanded to trial court
2011-06-24 Court approved judgment sent to attorneys of record Issued
2011-06-24 Dissenting opinion issued. Issued
  This case was awaiting the Court's decision after oral argument between November 10, 2010 and June 24, 2011.  
2010-11-10 Phone call from Clerk's Office  
2010-11-09 Post submission brief filed (Petitioner)  
2010-10-28 Post submission brief filed (Respondent)  
2010-09-16 Oral argument  
2010-08-10 Oral Argument Submission Form from Attorney received  
2010-07-30 Oral Argument Submission Form from Attorney received  
2010-07-16 Case set for oral argument   Case set for oral argument
  This case was waiting for oral argument between April 16, 2010 and July 16, 2010.  
2010-04-16 Notice from attorney regarding vacation dates  
2010-04-09 Petition for Review disposed   Filing granted
2010-04-09 Petition for Review granted
2010-03-09 Phone call from Clerk's Office  
2010-03-09 Reply Brief (Petitioner)  
2010-02-19 Brief on the Merits (Respondent)  
2010-01-14 Correction filed (See Remarks)  
2010-01-11 Brief on the Merits (Petitioner)  
2009-12-21 Motion for Extension of Time disposed.   Filing granted
2009-12-21 Motion for Extension of Time disposed.   Filing granted
2009-12-16 Call received  
2009-12-14 Phone call from Clerk's Office  
2009-12-11 Motion for Extension of Time to File Brief filed  
2009-12-11 Case Record Filed  
2009-12-11 Motion for Extension of Time to File Brief filed  
2009-11-24 Record Requested in Petition for Review
2009-11-20 Brief on the Merits Requested  
2009-10-19 Reply to Response (Petitioner)  
2009-10-02 Response to Petition (Respondent)  
2009-09-03 Supreme Court of Texas Requested Response  
2009-08-11 Case forwarded to Court
2009-07-17 Address Change  
2009-07-17 Address Change  
2009-07-10 Petition for Review (Petitioner)  
2009-07-10 Appendix Filed (Petitioner)  

Parties

Party Counsel Role
Cook, Rex
Ms. Stephanie D. Nelson
Ms. Monica Wiseman Latin
Mr. Jesse Keith Shumway
Respondent
Marsh USA Inc.
Ms. Beverly A. Whitley
Mr. Thomas L. Case
Mr. John R.W. Fugitt
Petitioner
 
 
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