Supreme Court of Texas Blog

No. 22-0179
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TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER - EL PASO v. DR. LINDSEY NIEHAY

Oral argument was held on February 21, 2023. The Court issued an opinion resolving the case on June 30, 2023. File Closed

Opinions

June 30, 2023

Hecht
Devine
Blacklock
Busby
Bland
Huddle
Young

Chief Justice Hecht delivered the opinion of the Court, in which Justice Devine, Justice Blacklock, Justice Busby, Justice Bland, Justice Huddle, and Justice Young joined. PDF

Boyd
Lehrmann

Justice Boyd filed a dissenting opinion, in which Justice Lehrmann joined.View Electronic Briefs | Oral Argument PDF

Blacklock
Devine
Young

Justice Blacklock filed a concurring opinion, in which Justice Devine and Justice Young joined. PDF

Court of Appeals

Appellate District:8th Court of Appeals
Outcome Below:Affirmed
COA Docket No.:08-19-00201-CV
Opinion Author:Per Curiam

Trial Court

Trial Court:171st District Court
County:El Paso
Trial Judge:Honorable Bonnie Rangel
Trial Docket:2017DCV2558

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2023-08-11 Mandate issued  
2023-06-30 Court approved judgment sent to attorneys of record Issued
2023-06-30 Opinion issued   Court of Appeals' judgment reversed and dismissed
2023-06-30 Concurring Opinion issued.   Issued
2023-06-30 Dissenting opinion issued.   Issued
  This case was awaiting the Court's decision after oral argument between February 21, 2023 and June 30, 2023.  
2023-02-21 Oral argument  
2023-02-10 Oral Argument Submission Form from Attorney received  
2023-02-10 Oral Argument Submission Form from Attorney received  
2023-02-08 Call received  
2023-02-06 Amicus Curiae Brief received  
2023-01-27 Petition for Review disposed Filing granted
2023-01-27 Petition for Review granted
2023-01-27 Case set for oral argument   Case set for oral argument
2022-12-29 Reply Brief (Petitioner)  
2022-12-20 Pro hac vice motion disposed   Filing granted
2022-12-20 Pro hac vice motion filed  
2022-12-20 Pro hac vice motion disposed   Filing granted
2022-12-16 Pro hac vice motion filed  
2022-12-16 Pro hac vice motion disposed   Filing granted
2022-12-16 Pro hac vice motion disposed   Filing granted
2022-12-15 Pro hac vice motion filed  
2022-12-15 Pro hac vice motion filed  
2022-12-13 Amicus Curiae Brief received  
2022-12-13 Electronic communication sent to Party  
2022-12-09 Motion for Extension of Time disposed.   Filing granted
2022-12-09 Motion for Extension of Time to File Brief filed  
2022-12-07 Brief on the Merits (Respondent)  
2022-11-17 Brief on the Merits (Petitioner)  
2022-10-21 Motion for Extension of Time to File Brief filed  
2022-10-21 Motion for Extension of Time disposed.   Filing granted
2022-09-19 Motion to Withdraw Filed  
2022-09-19 Motion to withdraw disposed of   Filing granted
2022-09-09 Motion for Extension of Time disposed.   Filing granted
2022-09-09 Motion for Extension of Time to File Brief filed  
2022-09-02 Brief on the Merits Requested  
2022-07-28 Reply to Response (Petitioner)  
2022-07-20 Amicus Curiae Brief received  
2022-07-19 Case forwarded to Court
2022-07-13 Response to Petition (Respondent)  
2022-06-06 Motion for Extension of Time to File Response disposed   Filing granted
2022-06-03 Motion for Extension of Time to File Response  
2022-05-23 Petition for Review (Petitioner)  
2022-04-13 Second Motion for Extension of Time to File Petition for Review disposed   Filing granted
2022-04-12 Response to Motion for Extension of Time to File Petition for Review  
2022-04-11 Second Motion for Extension of Time to File Petition for Review filed  
2022-04-11 Notice of Appearance  
2022-04-11 Electronic communication sent to Party  
2022-04-11 Electronic communication received from Party  
2022-03-09 Court reporter/recorder's record
2022-03-09 Clerk's Record
2022-03-09 Motion for Extension of Time to File Petition for Review filed  
2022-03-09 Motion for Extension of Time to File Petition for Review disposed   Filing granted

Parties

Party Counsel Role
Texas Tech University Health Sciences Center - El Paso
Justin Manchester
Mr. Judd E. Stone II
Mr. Thomas Andren Albright
Mr. Ari Cuenin
Atty. Gen. W. Kenneth Paxton Jr.
Mr. Jeffrey Edwin Farrell
Mr. Shawn Cowles
Mr. Brent Webster
Mr. S. Grant Dorfman
Petitioner
Niehay, Lindsey
Mr. Michael Todd Slobin
Ms. Dorian Vandenberg-Rodes
Mr. Stewart W. Forbes
Ms. Susan Marcus Forbes
Respondent

Amici Curiae

Amicus Curiae Counsel
Disability Rights Texas
Mr. Daniel B. Kohrman
Mr. William Alvarado Rivera
Mr. Brian East
AARP
Mr. William Alvarado Rivera
Mr. Daniel B. Kohrman
Mr. Brian East
American Diabetes Association
Mr. Brian East
AARP Foundation
Mr. William Alvarado Rivera
Mr. Daniel B. Kohrman
Mr. Brian East
BNSF Railway Company
Mr. Bryan P. Neal
Mr. Stephen F. Fink
...
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