Supreme Court of Texas Blog

No. 20-0174
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INDUSTRIAL SPECIALISTS, LLC v. BLANCHARD REFINING COMPANY LLC AND MARATHON PETROLEUM COMPANY LP

Oral argument was held on February 1, 2022. The Court issued an opinion resolving the case on June 10, 2022. It then denied rehearing on September 30, 2022 File Closed

Opinions

June 10, 2022

Boyd
Devine
Huddle

Justice Boyd announced the Court’s judgment and delivered an opinion, in which Justice Devine and Justice Huddle joined. PDF

Busby
Hecht
Young

Justice Busby filed a dissenting opinion, in which Chief Justice Hecht and Justice Young joined. PDF

Blacklock
Bland

Justice Blacklock filed a concurring opinion, in which Justice Bland joined. PDF

Court of Appeals

Appellate District:1st Court of Appeals
Outcome Below:Denied
COA Docket No.:01-19-00514-CV
Opinion Author:Per Curiam

Trial Court

Trial Court:212th District Court
County:Galveston
Trial Judge:Honorable Patricia V. Grady
Trial Docket:17-CV-1242

Docket Entries

Date Event Outcome  
2022-09-30 Mandate issued  
2022-09-30 Motion for Rehearing - Disposed Denied
2022-09-02 Letter brief (Amicus Curiae)  
2022-07-27 Motion for Rehearing  
2022-07-27 Case forwarded to Court
2022-06-23 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2022-06-22 Motion for Extension of Time to File Motion for Rehearing  
2022-06-14 Notice from Counsel of a change in address  
2022-06-10 Opinion issued   Court of Appeals' judgment affirmed/remanded to trial court
2022-06-10 Concurring Opinion issued.   Issued
2022-06-10 Dissenting opinion issued.   Issued
2022-06-10 Court approved judgment sent to attorneys of record Issued
  This case was awaiting the Court's decision after oral argument between March 31, 2022 and June 10, 2022.  
2022-03-31 Amicus Curiae Brief received  
2022-02-18 Post submission brief filed (Respondent)  
2022-02-04 Post submission brief filed (Petitioner)  
2022-02-01 Oral argument  
2022-01-31 Exhibits in case/cause filed (Petitioner)  
2022-01-28 Submission Schedule
2022-01-27 Letter sent to parties from Supreme Court - See Remarks  
2022-01-14 Oral Argument Submission Form from Attorney received  
2022-01-13 Oral Argument Submission Form from Attorney received  
2021-12-10 Petition for Review disposed Filing granted
2021-12-10 Petition for Review granted
2021-12-10 Case set for oral argument   Case set for oral argument
2021-11-05 Amicus Curiae Brief received  
2021-10-27 Reply Brief (Petitioner)  
2021-09-27 Motion for Extension of Time disposed.   Filing granted
2021-09-24 Motion for Extension of Time to File Brief filed  
2021-09-10 Brief on the Merits (Respondent)  
2021-08-26 Motion for Extension of Time disposed.   Filing granted
2021-08-25 Motion for Extension of Time to File Brief filed  
2021-07-15 Motion for Extension of Time disposed.   Filing granted
2021-07-14 Motion for Extension of Time to File Brief filed  
2021-07-08 Brief on the Merits (Petitioner)  
2021-07-01 Motion for Extension of Time to File Brief filed  
2021-07-01 Motion for Extension of Time disposed.   Filing granted
2021-06-30 Case Record Filed  
2021-06-27 Case Record Filed  
2021-06-25 Case Record Filed  
2021-06-01 Motion for Extension of Time to File Brief filed  
2021-06-01 Motion for Extension of Time disposed.   Filing granted
2021-04-30 Petition Reinstated
2021-04-30 Brief on the Merits Requested  
2021-04-30 Motion for Rehearing - Disposed Filing granted
2021-04-30 Previous Order of the Court withdrawn  
  This case was waiting for a decision about a pending motion for rehearing between February 12, 2021 and April 30, 2021.  
2021-02-12 Response to Motion for Rehearing (Respondent)  
2021-02-08 Amicus Curiae Letter Received  
2021-02-02 Case forwarded to Court
2021-01-29 Motion for Rehearing  
2020-12-28 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2020-12-24 Motion for Extension of Time to File Motion for Rehearing  
2020-11-24 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2020-11-24 Motion for Extension of Time to File Motion for Rehearing  
2020-11-13 Petition for Review disposed   Denied with Justice not sitting.
2020-10-09 Reply to Response (Petitioner)  
2020-09-08 MET to file reply disposed of   Filing granted
2020-09-04 Motion to Extend Time to File Reply filed  
2020-08-26 Response to Petition (Respondent)  
2020-07-15 Motion for Extension of Time to File Response  
2020-07-15 Motion for Extension of Time to File Response disposed   Filing granted
2020-06-26 Supreme Court of Texas Requested Response  
2020-05-26 Case forwarded to Court
2020-04-22 Petition for Review (Petitioner)  
2020-04-07 Second Motion for Extension of Time to File Petition for Review disposed   Filing granted
2020-04-07 Second Motion for Extension of Time to File Petition for Review filed  
2020-03-09 Motion for Extension of Time to File Petition for Review disposed   Filing granted
2020-03-06 Motion for Extension of Time to File Petition for Review filed  

Parties

Party Counsel Role
Blanchard Refining Company
Mr. Zachary Alex Rodriguez
Mr. Joel Zane Montgomery
Mr. Jonathan Bruce Smith
Ms. Amy Douthitt Maddux
Respondent
Industrial Sepcialists, LLC
Mr. James T. Kittrell
Mr. Brian J. Cathey
Mr. Michael A. Golemi
Ms. Shelly White
Mr. Michael A. Choyke
Ms. Jessica Zavadil Barger
Jody M. Schisel-Meslin
Petitioner
Marathon Petoleum Company LP
Mr. Zachary Alex Rodriguez
Mr. Jonathan Bruce Smith
Ms. Amy Douthitt Maddux
Mr. Joel Zane Montgomery
Respondent

Amici Curiae

Amicus Curiae Counsel
Northrup, R. Michael
Mr. R. L Michael Northrup
The Texas Oil & Gas Association
Mr. Matthew H. Frederick
Mr. Scott Keller
American Fuel & Petrochemical Manufacturers
Mr. Matthew H. Frederick
Mr. Scott Keller
The National Association of Manufacturers
Mr. Matthew H. Frederick
Mr. Scott Keller
The American Petroleum Institute
Mr. Scott Keller
Mr. Matthew H. Frederick
Mosaic Baybrook Two, L.P.
Mr. Dylan B. Russell
Mosaic Baybrook One, L.P.
Mr. Dylan B. Russell
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