No. 15-0328
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Oral argument was held on February 10, 2016. The Court issued an opinion resolving the case on June 24, 2016. File Closed
Tracking 1 article about this case.
January 21, 2016
from SCOTXblog
The article also mentions:Justice Devine delivered the opinion of the Court, in which Chief Justice Hecht, Justice Green, Justice Johnson, Justice Willett, Justice Lehrmann, and Justice Boyd joined. PDF
Justice Guzman delivered a dissenting opinion, in which Justice Brown joined.View Electronic Briefs | Oral Argument | Video PDF
Appellate District: | 3rd Court of Appeals |
Outcome Below: | Denied |
COA Docket No.: | 03-15-00169-CV |
Opinion Author: | Honorable Robert Harrison Pemberton |
Trial Court: | 353rd District Court |
County: | Travis |
Trial Judge: | Honorable Karin Renee Crump |
Trial Docket: | D-1-GN-12-004037 |
Date | Event | Outcome | |
---|---|---|---|
2016-08-04 | Certified cys of cost bill sent to attys of record | ||
2016-06-24 | Dissenting opinion issued. | Issued | |
2016-06-24 | Opinion issued | Writ of Mandamus conditionally granted | |
This case was awaiting the Court's decision after oral argument between February 11, 2016 and June 24, 2016. | |||
2016-02-11 | Post submission brief filed (Real Parties in Interest) | ||
2016-02-11 | Post submission brief filed (Real Parties in Interest) | ||
2016-02-10 | Oral argument | ||
2016-02-09 | Exhibits in case/cause filed (Real Parties in Interest) | ||
2016-01-27 | Oral Argument Submission Form from Attorney received | ||
2016-01-26 | Oral Argument Submission Form from Attorney received | ||
2016-01-19 | Petition for Writ of Mandamus disposed | Case set for oral argument | |
2016-01-19 | Mandamus Set to Argue | ||
2016-01-19 | Case set for oral argument | Case set for oral argument | |
This case was pending on merits briefs between November 24, 2015 and January 19, 2016. | |||
2015-11-24 | Brief on the Merits (Relator) | ||
2015-11-09 | Brief on the Merits (Real Parties in Interest) | ||
2015-10-19 | Brief on the Merits (Relator) | ||
2015-10-08 | Motion for Extension of Time disposed. | Filing granted | |
2015-10-08 | Motion for Extension of Time to File Brief filed | ||
2015-09-11 | Brief on the Merits Requested | ||
2015-07-24 | Reply to Petition for Writ of Mandamus (Relator) | ||
2015-07-06 | Response to Petition for Writ of Mandamus Filed (Real Parties in Interest) | ||
2015-06-05 | Supreme Court of Texas Requested Response | ||
2015-05-05 | Case forwarded to Court | ||
2015-04-29 | Pro hac vice motion disposed | Filing granted | |
2015-04-29 | Pro hac vice motion disposed | Filing granted | |
2015-04-29 | Pro hac vice motion filed | ||
2015-04-29 | Pro hac vice motion filed | ||
2015-04-29 | Petition for Writ of Mandamus (Relator) | ||
2015-04-29 | Pro hac vice motion disposed | Filing granted | |
2015-04-29 | Pro hac vice motion filed | ||
2015-04-29 | Pro hac vice motion filed | ||
2015-04-29 | Case Record Filed | ||
2015-04-29 | Pro hac vice motion disposed | Filing granted |
Party | Counsel | Role | |||||
---|---|---|---|---|---|---|---|
Nationwide Mutual Insurance Company |
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Relator | |||||
Besch, Brian |
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Real Party In Interest | |||||
Carducci, Bradley |
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Real Party In Interest | |||||
Poe, Ronni B. |
|
Relator | |||||
Nationwide Life Insurance Company |
|
Relator | |||||
Nationwide General Insurance Company |
|
Relator | |||||
Nationwide Mutual Fire Insurance Company |
|
Relator | |||||
Nationwide Property and Casualty Insurance Company |
|
Relator | |||||
Nationwide Insurance Company of America |
|
Relator |
This is a dispute between Nationwide and one of its agents. The contract contained a mandatory forum-selection clause choosing Ohio (its corporate home) as the place where any suit should be filed.
In 2012, this lawsuit was filed. During 2013 and 2014, Nationwide filed a series of special exceptions, along with a motions to dismiss under Rule 91a and a motion for summary judgment. The trial court focused on the pleading issued, giving the plaintiffs an opportunity to amend, without disposing of any claims on the merits. In 2014, Nationwide conducted some limited amount of discovery. In 2015, Nationwide filed a motion to enforce the forum-selection clause. The trial court denied that request, concluding that Nationwide had substantially invoked the Texas court system. Nationwide has sought review by petition for mandamus, urging that the Texas case be dismissed.
The Texas Supreme Court has scheduled the petition for oral argument.