Supreme Court of Texas Blog

No. 18-0216
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TEXAS MUTUAL INSURANCE COMPANY, HARTFORD UNDERWRITERS INSURANCE COMPANY, TASB RISK MANAGEMENT FUND, TRANSPORTATION INSURANCE COMPANY, TRUCK INSURANCE EXCHANGE, TWIN CITY FIRE INSURANCE COMPANY, VALLEY FORGE INSURANCE COMPANY, ET AL. v. PHI AIR MEDICAL, LLC

A petition was filed on May 18, 2018. Oral argument was held on February 25, 2020. The Court issued an opinion resolving the case on June 26, 2020.

Opinions

June 26, 2020

Busby
Guzman
Lehrmann
Boyd
Devine
Blacklock

Justice Busby delivered the opinion of the Court, in which Justice Guzman, Justice Lehrmann, Justice Boyd, Justice Devine, and Justice Blacklock joined. PDF

Green
Hecht

Justice Green delivered a dissenting opinion, in which Chief Justice Hecht joined.View Electronic Briefs | Oral Argument PDF

Bland
Lehrmann
Boyd
Blacklock

Justice Bland delivered a concurring opinion, in which Justice Lehrmann, Justice Boyd, and Justice Blacklock joined. PDF

Court of Appeals

Appellate District:3rd Court of Appeals
Outcome Below:Reverse & Remand
COA Docket No.:03-17-00081-CV
Opinion Author:Honorable David E. Puryear

Trial Court

Trial Court:53rd District Court
County:Travis
Trial Judge:Honorable Jan Soifer
Trial Docket:D-1-GN-15-004940

Upcoming

Date Event  
2020-09-11 Motion for rehearing due to be filed.

Docket Entries

Date Event Outcome  
2020-08-05 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2020-07-31 Motion for Extension of Time to File Motion for Rehearing  
2020-07-03 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2020-07-02 Motion for Extension of Time to File Motion for Rehearing  
2020-07-02 Notice from Counsel of a change in address  
2020-06-26 Opinion issued Issued
2020-06-26 Opinion issued   Court of Appeals' judgment reversed and remanded to Court of Appeals
2020-06-26 Concurring Opinion issued.   Issued
2020-06-26 Dissenting opinion issued.   Issued
2020-06-26 Court approved judgment sent to attorneys of record Issued
  This case was awaiting the Court's decision after oral argument between February 25, 2020 and June 26, 2020.  
2020-02-25 Oral argument  
2020-02-25 Oral argument  
2020-02-24 Exhibits in case/cause filed (Petitioner)  
2020-02-24 Exhibits in case/cause filed (Petitioner)  
2020-02-18 Amicus Curiae Brief received  
2020-02-14 Submission Schedule
2020-02-04 Oral Argument Submission Form from Attorney received  
2020-02-04 Oral Argument Submission Form from Attorney received  
2020-02-04 Oral Argument Submission Form from Attorney received  
  This case was waiting for oral argument between December 13, 2019 and February 4, 2020.  
2019-12-13 Case set for oral argument   Case set for oral argument
2019-12-13 Petition for Review disposed Filing granted
2019-12-13 Petition for Review disposed Filing granted
2019-12-13 Petition for Review granted
2019-12-13 Case set for oral argument   Case set for oral argument
2019-12-13 Petition for Review granted
2019-11-08 Amicus Curiae Brief received  
2019-10-25 Reply Brief (Petitioner)  
2019-10-25 Reply Brief (Petitioner)  
2019-10-24 Amicus Curiae Brief received  
2019-10-02 Motion for Extension of Time disposed.   Filing granted
2019-10-02 Call received  
2019-10-02 Motion for Extension of Time to File Brief filed  
2019-10-01 Motion for Extension of Time to File Brief filed  
2019-10-01 Motion for Extension of Time disposed.   Filing granted
2019-09-19 Motion for Extension of Time disposed.   Filing granted
2019-09-18 Motion for Extension of Time to File Brief filed  
2019-09-18 Motion for Extension of Time to File Brief filed  
2019-09-18 Motion for Extension of Time disposed.   Filing granted
2019-09-10 Brief on the Merits (Respondent)  
2019-08-16 Motion for Extension of Time to File Brief filed  
2019-08-16 Motion for Extension of Time disposed.   Filing granted
2019-08-02 Letter sent to parties from Supreme Court - See Remarks  
2019-07-26 Abatement Order Lifted  
2019-07-26 Motion to reinstate case disposed   Filing granted
2019-07-19 Motion to Reinstate Case filed  
  This case was abated between May 21, 2019 and July 19, 2019.  
2019-05-21 Status report filed  
  This case was abated between March 22, 2019 and May 21, 2019.  
2019-03-22 Petition for Review disposed Abated due to bankruptcy
2019-03-22 Order of the Court Issued   Matter in Supreme Court of Texas Abated
2019-03-22 Petition for Review disposed Abated due to bankruptcy
2019-03-22 Status Report requested  
2019-03-18 Notice of Bankruptcy  
2019-03-06 Motion for Extension of Time disposed.   Filing granted
2019-03-06 Motion for Extension of Time to File Brief filed  
2019-02-06 Motion for Extension of Time disposed.   Filing granted
2019-02-06 Motion for Extension of Time to File Brief filed  
2019-01-22 Brief on the Merits (Petitioner)  
2019-01-22 Brief on the Merits (Petitioner)  
2019-01-09 Motion for Extension of Time disposed.   Filing granted
2019-01-09 Motion for Extension of Time to File Brief filed  
2019-01-09 Motion for Extension of Time to File Brief filed  
2019-01-09 Motion for Extension of Time disposed.   Filing granted
2018-12-14 Brief on the Merits Requested  
2018-12-06 Amicus Curiae Brief received  
2018-12-03 Amicus Curiae Brief received  
2018-11-07 Reply to Response (Petitioner)  
2018-11-05 MET to file reply disposed of   Filing granted
2018-11-05 Reply to Response (Petitioner)  
2018-11-05 Motion to Extend Time to File Reply filed  
2018-10-19 Response to Petition (Respondent)  
2018-10-19 Letter Filed  
2018-10-19 Response to Petition (Respondent)  
2018-09-13 Motion for Extension of Time to File Response  
2018-09-13 Motion for Extension of Time disposed.   Filing granted
2018-07-27 Motion for Extension of Time to File Response disposed   Filing granted
2018-07-27 Motion for Extension of Time to File Response  
2018-07-20 Supreme Court of Texas Requested Response  
2018-06-19 Case forwarded to Court
2018-06-19 Case forwarded to Court
2018-06-15 Response Waiver filed  
2018-05-18 Petition for Review (Petitioner)  
2018-05-18 Petition for Review #2 (Petitioner)  
2018-04-16 Second Motion for Extension of Time to File Petition for Review filed  
2018-04-16 Second Motion for Extension of Time to File Petition for Review disposed   Filing granted
2018-04-16 Second Motion for Extension of Time to File Petition for Review filed  
2018-04-16 Second Motion for Extension of Time to File Petition for Review disposed   Filing granted
2018-03-08 Motion for Extension of Time to File Petition for Review disposed   Filing granted
2018-03-08 Motion for Extension of Time to File Petition for Review disposed   Filing granted
2018-03-08 Motion for Extension of Time to File Petition for Review #2 filed  
2018-03-08 Call received  
2018-03-08 Phone call from Clerk's Office  
2018-03-07 Clerk's Record
2018-03-07 Motion for Extension of Time to File Petition for Review filed  
2018-03-07 Supplement to Clerk's/Reporter's Record
2018-03-07 Supplement to Clerk's/Reporter's Record
2018-03-07 Court reporter/recorder's record

Parties

Party Counsel Role
Valley Forge Insurance Company
Mr. James Michael Loughlin
Mr. Daniel Joseph Price
Petitioner
Hartford Underwriters Insurance Company
Mr. James Michael Loughlin
Mr. Daniel Joseph Price
Petitioner
Transportation Insurance Company
Mr. James Michael Loughlin
Mr. Daniel Joseph Price
Petitioner
ZENITH INSURANCE COMPANY
Mr. James Michael Loughlin
Mr. Daniel Joseph Price
Petitioner
PHI Air Medical, LLC
Ms. Shelby L. O'Brien
Mr. Craig T. Enoch
Ms. Amy L. Saberian
Respondent
Twin City Fire Insurance Company
Mr. James Michael Loughlin
Mr. Daniel Joseph Price
Petitioner
Truck Insurance Exchange
Mr. James Michael Loughlin
Mr. Daniel Joseph Price
Petitioner
Texas Department of Insurance, Division of Workers’ Compensation
Ms. Lisa A. Bennett
Ms. Adrienne R. Butcher
Mr. Kyle D. Hawkins
Atty. Gen. W. Kenneth Paxton Jr.
Mr. Jeffrey C. Mateer
Petitioner
Texas Mutual Insurance Company
Mr. Bryan Wilkerson Jones
Ms. Mary Barrow Nichols
Mr. Matthew B. Baumgartner
Mr. P. M. Schenkkan
Ms. Mary A. Keeney
Petitioner
TASB Risk Management Fund
Mr. James Michael Loughlin
Mr. Daniel Joseph Price
Petitioner

Amici Curiae

Amicus Curiae Counsel
Texas Civil Justice League
Mr. George S. Christian
Office of Injured Employee Counsel
Ms. Jessica Barta
Ms. Gina Elizabeth McCauley
American Property Casualty Insurance Association
Mr. Dale Wainwright
Mr. Justin Bernstein
Association of Air Medical Services
Mr. Jamie R. Welton
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