Opinions

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

Justice Huddle delivered a concurring opinion, in which Justice Bland joined, and Justice Guzman joined as to parts II(A) and III.View Electronic Briefs | Oral Argument PDF

Court of Appeals

Appellate District:	5th Court of Appeals
Outcome Below:	Denied
COA Docket No.:	05-19-01061-CV
Opinion Author:	Honorable William Norman Pedersen

Trial Court

Trial Court:	160th District Court
County:	Dallas
Trial Judge:	Honorable James R. Jordan
Trial Docket:	DC-18-07502

Date	Event	Outcome
2021-09-07	Case Stored
2021-09-03	Certified cys of cost bill sent to attys of record
2021-09-03	Motion for Rehearing - Disposed	Denied
2021-09-03	Motion for Rehearing - Disposed	Denied
	This case was waiting for a possible rehearing motion between July 14, 2021 and September 3, 2021.
2021-07-14	Motion for Rehearing
2021-07-14	Case forwarded to Court
2021-06-30	Motion for Extension of Time to File Motion for Rehearing disposed	Filing granted
2021-06-29	Motion for Extension of Time to File Motion for Rehearing
2021-06-29	Call received
2021-06-29	Motion for Rehearing
2021-06-29	Case forwarded to Court
2021-06-15	Motion for Extension of Time to File Motion for Rehearing disposed	Filing granted
2021-06-14	Motion for Extension of Time to File Motion for Rehearing
2021-06-11	Motion for Extension of Time to File Motion for Rehearing disposed	Filing granted
2021-06-10	Motion for Extension of Time to File Motion for Rehearing
2021-05-28	Opinion issued	Writ of Mandamus conditionally granted
2021-05-28	Stay Order lifted
2021-05-28	Concurring Opinion issued.	Issued
	This case was awaiting the Court's decision after oral argument between February 10, 2021 and May 28, 2021.
2021-02-10	Amicus Curiae Brief received
2021-01-29	Amicus Curiae Brief received
2021-01-05	Oral argument
2020-12-31	Letter Filed
2020-12-30	Submission Schedule
2020-12-30	Amicus Curiae Brief received
2020-12-30	Amicus Curiae Brief received
2020-12-27	Amicus Curiae Brief received
2020-12-23	Amicus Curiae Brief received
2020-12-23	Amicus Curiae Brief received
2020-12-14	Amicus Curiae Brief received
2020-12-09	Letter sent to parties from Supreme Court - See Remarks
2020-12-09	Oral Argument Submission Form from Attorney received
2020-12-09	Amicus Curiae Brief received
2020-12-04	Oral Argument Submission Form from Attorney received
2020-11-11	Oral Argument Submission Form from Attorney received
2020-10-02	Petition for Writ of Mandamus disposed	Case set for oral argument
2020-10-02	Mandamus Set to Argue
2020-10-02	Case set for oral argument	Case set for oral argument
	This case was pending on merits briefs between August 10, 2020 and October 2, 2020.
2020-08-10	Reply Brief (Relator)
2020-07-27	Motion for Extension of Time disposed.	Filing granted
2020-07-24	Brief on the Merits (Real Parties in Interest)
2020-07-24	Motion for Extension of Time to File Brief filed
2020-06-26	Motion for Extension of Time disposed.	Filing granted
2020-06-23	Motion for Extension of Time filed
2020-06-22	Brief on the Merits (Real Parties in Interest)
2020-06-16	Notice from attorney regarding vacation dates
2020-06-03	Brief on the Merits (Relator)
2020-04-23	Motion for Extension of Time to File Brief filed
2020-04-23	Motion for Extension of Time disposed.	Filing granted
2020-04-03	Brief on the Merits Requested
2020-04-03	Motion to Stay Disposed	Filing granted
2020-04-03	Stay Order issued
2020-03-24	Reply to Response (Relator)
2020-03-24	Motion to Stay Filed
2020-03-11	Response to Petition for Writ of Mandamus Filed (Real Parties in Interest)
2020-03-03	Motion to withdraw disposed of	Filing granted
2020-02-28	Motion to Withdraw Filed
2020-02-25	Letter Received
2020-02-11	Motion for Extension of Time to File Response disposed	Filing granted
2020-02-10	Response to Petition (Respondent)
2020-02-10	Motion for Extension of Time to File Response
2020-01-10	Supreme Court of Texas Requested Response
2019-12-05	Amicus Curiae Brief received
2019-12-03	Response Waiver filed
2019-12-03	Notice from attorney regarding vacation dates
2019-11-26	Case forwarded to Court
2019-11-20	Supplement to Clerk's/Reporter's Record
2019-11-19	Call received
2019-11-18	Response Waiver filed
2019-11-18	Court reporter/recorder's record
2019-11-18	Case Record Filed
2019-11-15	Petition for Writ of Mandamus filed (Relator)

Party	Counsel	Role
Kevin Walker and Latunija Johnson	Ms. Amy Witherite Mr. J. Martin Futrell Ms. Rosalyn Renee Tippett	Real Party In Interest
Saint Camillus Medical Center, Dr. Andrew Indresano, and Pine Creek Medical Center	Mr. Christopher M. McDowell Ms. Morgan A. McPheeters	Real Party In Interest
K&L Auto Crushers, LLC and Thomas Gothard, Jr.	Ms. Elizabeth Lee Thompson Mr. William H. Chamblee Mr. Wade C. Crosnoe Mr. Weston Hall	Relator

Amicus Curiae	Counsel
Chamber of Commerce of the United States of America	Ms. Amanda Garrett Taylor The Honorable Scott K. Field
American Tort Reform Association	The Honorable Scott K. Field Ms. Amanda Garrett Taylor
Texans for Lawsuit Reform	The Honorable Scott K. Field Ms. Amanda Garrett Taylor
Research and Planning Consultants, L.P.	Mr. P. M. Schenkkan Mr. Matthew B. Baumgartner
Texas Trial Lawyers Association	Mr. Jim M. Perdue Jr. Mr. Matthew J. Kita Kelly Cook
Advanced Diagnostics Health System, LLC	Ms. Jillian Schumacher Ellen Peeples
Texas Hospital Association	Mr. Stephen Gregory Wohleb Mr. Cesar J. Lopez
Texas Medical Association	Ms. Laura Thetford Ms. Kelly M. Walla Mr. Donald P. Wilcox
American Property Casualty Insurance Association	Ms. Sara B. Churchin Ms. Melissa A. Lorber
Texas Orthopaedic Association	Ms. Andrea Schwab
State Farm Mutual Automobile Insurance Company	Ms. Sara B. Churchin Ms. Melissa A. Lorber
Tri-City Pain Associates, P.A.	Adriaan Tieleman Jansse
Texas Civil Justice League	Mr. George Scott Christian
Texas Association of Defense Counsel	Mr. Henry John Paoli