Supreme Court of Texas Blog

No. 21-0028
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TOTALENERGIES E&P USA, INC. v. MP GULF OF MEXICO, LLC

Oral argument was held on September 20, 2022. The Court issued an opinion resolving the case on April 14, 2023. It then denied rehearing on June 9, 2023 File Closed

Opinions

June 9, 2023

Boyd
Hecht
Lehrmann
Devine
Blacklock
Bland

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

April 14, 2023

Busby

Justice Busby filed a dissenting opinion. PDF

Bland

Justice Bland filed a concurring opinion. PDF

Withdrawn Opinions

The opinions below have been withdrawn by order of the Court.

April 14, 2023

Boyd
Hecht
Lehrmann
Devine
Blacklock
Bland

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

Court of Appeals

Appellate District:12th Court of Appeals
Outcome Below:Reverse & Render
COA Docket No.:12-20-00180-CV
Opinion Author:Honorable Gregory W. Neeley

Trial Court

Trial Court:165th District Court
County:Harris
Trial Judge:Honorable Ursula A. Hall
Trial Docket:2020-29728

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2023-06-09 Corrected opinion  
2023-06-09 Mandate issued  
2023-06-09 Motion for Rehearing - Disposed   Denied with Justice not sitting.
2023-05-01 Case forwarded to Court
2023-05-01 Motion for Rehearing  
2023-04-14 Court approved judgment sent to attorneys of record Issued
2023-04-14 Opinion issued   Court of appeals' judgment affirmed
2023-04-14 Concurring Opinion issued.   Issued
2023-04-14 Dissenting opinion issued.   Issued
  This case was awaiting the Court's decision after oral argument between September 20, 2022 and April 14, 2023.  
2022-09-20 Oral argument  
2022-09-19 Exhibits in case/cause filed (Petitioner)  
2022-09-19 Exhibits in case/cause filed (Petitioner)  
2022-09-16 Submission Schedule
2022-09-14 Letter Filed  
2022-09-13 Amicus Curiae Brief received  
2022-09-06 Motion to withdraw disposed of   Filing granted
2022-09-06 Amicus Curiae Brief received  
2022-09-02 Notice from Counsel of a change in address  
2022-09-02 Notice from Counsel of a change in address  
2022-09-02 Motion to Withdraw Filed  
2022-09-02 Oral Argument Submission Form from Attorney received  
2022-07-25 Oral Argument Submission Form from Attorney received  
2022-06-24 Case set for oral argument   Case set for oral argument
2022-06-17 Petition for Review granted
2022-06-17 Petition for Review disposed   Filing granted
2022-05-13 Reply Brief (Petitioner)  
2022-04-11 Motion for Extension of Time disposed.   Filing granted
2022-04-07 Motion for Extension of Time to File Brief filed  
2022-03-02 Motion for Extension of Time disposed.   Filing granted
2022-03-02 Motion for Extension of Time to File Brief filed  
2022-02-25 Brief on the Merits (Respondent)  
  This case was pending on merits briefs between December 16, 2021 and February 25, 2022.  
2021-12-16 Motion for Extension of Time to File Brief filed  
2021-12-16 Motion for Extension of Time disposed.   Filing granted
2021-12-08 Brief on the Merits (Petitioner)  
2021-12-03 Motion to withdraw disposed of   Filing granted
2021-11-29 Motion to Withdraw Filed  
2021-10-22 Motion for Extension of Time to File Brief filed  
2021-10-22 Motion for Extension of Time disposed.   Filing granted
2021-09-07 Motion for Extension of Time disposed.   Filing granted
2021-09-07 Motion for Extension of Time to File Brief filed  
2021-09-03 Miscellaneous Motion  
2021-09-03 Miscellaneous motion disposed. See Remarks.   Filing granted
2021-09-03 Brief on the Merits Requested  
2021-09-02 Call received  
2021-08-05 Reply to Response to Petition filed (Petitioner)  
2021-08-05 Pro hac vice motion disposed   Filing granted
2021-08-05 Pro hac vice motion disposed   Filing granted
2021-08-04 Pro hac vice motion filed  
2021-08-04 Amicus Curiae Brief received  
2021-08-04 Pro hac vice motion filed  
2021-07-21 Response to Petition (Respondent)  
2021-06-17 Motion for Extension of Time to File Response  
2021-06-17 Motion for Extension of Time to File Response disposed   Filing granted
2021-05-21 Supreme Court of Texas Requested Response  
2021-04-20 Case forwarded to Court
2021-04-13 Response Waiver filed  
2021-04-02 Petition for Review (Petitioner)  
2021-02-18 Second Motion for Extension of Time to File Petition for Review filed  
2021-02-18 Second Motion for Extension of Time to File Petition for Review disposed   Filing granted
2021-01-12 Clerk's Record
2021-01-12 Clerk's Record
2021-01-12 Clerk's Record
2021-01-12 Clerk's Record
2021-01-12 Motion for Extension of Time to File Petition for Review filed  
2021-01-12 Motion for Extension of Time to File Petition for Review disposed   Filing granted

Parties

Party Counsel Role
TotalEnergies E&P USA, Inc.
Mr. Nicholas Caluda
Mr. William J. Boyce
Mr. Christopher Porter
Mr. Wallace B. Jefferson
Ms. Elizabeth Devaney
Mr. John Bash III
Ms. Rachel Anne Ekery
Mr. Karl S. Stern
Mr. Bryan Rohm
Petitioner
MP Gulf of Mexico, LLC
Ms. Stephanie F. Cagniart
Mr. Justin Lipe
Mr. Thomas R. Phillips
Ms. Amy Pharr Hefley
Mr. J. Mark Little
Mr. Jason A. Newman
Mr. William Karl Kroger
Respondent

Amici Curiae

Amicus Curiae Counsel
Professor Alan S. Rau, James L. Loftis, and Timothy J. Tyler
Mr. James L. Loftis
Mr. Timothy James Tyler
Texas Civil Justice League
Mr. George Scott Christian
Bermann , George A.
Mr. J. Samuel Tenebaum
Mr. Robert Owen
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