No. 12-1013
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Oral argument was held on January 8, 2014. The Court issued an opinion resolving the case on June 20, 2014. File Closed
Tracking 2 articles about this case.
June 20, 2014
from SCOTXblog
This article also mentions 10 other cases.
December 10, 2013
from SCOTXblog
This article also mentions 6 other cases.
Appellate District: | 13th Court of Appeals |
Outcome Below: | Reverse & Remand |
COA Docket No.: | 13-11-00392-CV |
Opinion Author: | Honorable Dori Contreras Garza |
Trial Court: | 267th District Court |
County: | Refugio |
Trial Judge: | Honorable Juergen Skipper Koetter |
Trial Docket: | 2008-10-10823 |
Date | Event | Outcome | |
---|---|---|---|
2014-11-20 | Notice received | ||
2014-09-26 | Letter Filed | ||
2014-08-07 | Case Stored | ||
2014-08-01 | Mandate issued | ||
2014-06-20 | Opinion issued | Court of Appeals' judgment reversed & judgment rendered | |
2014-06-20 | Court approved judgment sent to attorneys of record | Issued | |
This case was awaiting the Court's decision after oral argument between January 8, 2014 and June 20, 2014. | |||
2014-01-08 | Oral argument | ||
2013-12-30 | Oral Argument Submission Form from Attorney received | ||
2013-12-27 | Oral Argument Submission Form from Attorney received | ||
2013-12-13 | Oral Argument Submission Form from Attorney received | ||
2013-12-13 | Phone call from Clerk's Office | ||
2013-11-22 | Petition for Review disposed | Filing granted | |
2013-11-22 | Petition for Review granted | ||
2013-11-22 | Case set for oral argument | Case set for oral argument | |
2013-10-17 | Reply Brief (Petitioner) | ||
2013-09-20 | Motion for Extension of Time to File Brief filed | ||
2013-09-20 | Motion for Extension of Time disposed. | Filing granted | |
2013-09-11 | Brief on the Merits (Respondent) | ||
2013-07-31 | Motion for Extension of Time disposed. | Filing granted | |
2013-07-31 | Motion for Extension of Time to File Brief filed | ||
2013-07-22 | Brief on the Merits (Petitioner) | ||
2013-07-03 | Case Record Filed | ||
2013-06-24 | Record Requested in Petition for Review | ||
2013-06-21 | Brief on the Merits Requested | ||
2013-06-04 | Reply to Response (Petitioner) | ||
2013-05-28 | Response to Petition (Respondent) | ||
2013-04-25 | Motion for Extension of Time to File Response disposed | Filing granted | |
2013-04-24 | Motion for Extension of Time to File Response | ||
2013-03-29 | Supreme Court of Texas Requested Response | ||
2013-02-26 | Case forwarded to Court | ||
2013-02-22 | Response Waiver filed | ||
2013-01-23 | Petition for Review (Petitioner) | ||
2012-12-21 | Motion for Extension of Time to File Petition for Review disposed | Filing granted | |
2012-12-21 | Phone call from Clerk's Office | ||
2012-12-17 | Motion for Extension of Time to File Petition for Review filed |
Party | Counsel | Role | ||
---|---|---|---|---|
Schlumberger, Ltd. |
|
Petitioner | ||
Arthey, Christopher |
|
Respondent |
The first paragraph sums this unusual case up:
Under Texas law, a social host has no duty to prevent someone from drinking and driving. But in this case, the driver became intoxicated on a small, chartered fishing boat during a business retreat, and plaintiffs contend that their action against the host is governed by federal maritime law, which, they argue, would recognize liability. For maritime law to apply, the action must fall within admiralty jurisdiction, and under the tests prescribed by the United States Supreme Court in Jerome B. Grubart, Inc. v. Great Lakes Dredge & Dock Co., it does not.
The Court examined whether the activity in question (drinking by guests on a small fishing boat) "posed [no] more than a fanciful risk to commercial shipping." Nor did the Court view this as a traditional maritime activity that warrants the uniformity of a federal maritime law to avoid inconsistent state laws. Instead, it suggested, applying maritime law here might have the opposite effect by drawing "a distinction between [proper social host culpability for] business retreats at hunting lodges and those at fishing lodges when in fact there is none."