Supreme Court

Case: 09-0039    
09-0039
01/16/2009
Second Petition for Review/Cause under Rule 53.1
BIC PEN CORPORATION 
JANACE M. CARTER, AS NEXT FRIEND OF BRITTANY CARTER 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
09/05/2011Additional citations received.Event related to subsequent petition filed in case. E-FILED  Supplemental Authority in Support of Motion for Rehearing filed on behalf of Janace M. Carter.  HARD COPIES RECEIVED.  
08/03/2011Response to Motion for RehearingEvent related to first petition filed in case. Response to Motion for Rehearing (2) filed on behalf Bic Pen Corp.
07/05/2011Motion for Rehearing for pet #2 Respondent's Motion for Rehearing of Cause filed Respondent/Cross-Petitioner #2 Janace M. Carter's Motion for Rehearing. (2)
04/21/2011Additional citations received.Respondent Letter submitting the supplemental authority of U.S. Supreme Court decision Williamson v. Mazda Motor of America, Inc. filed on behalf of Janace M. Carter. (12)
03/23/2010Exhibits in case/cause filedEvent related to first petition filed in case. Exhibits for Oral Argument filed on behalf of Pet 1, BIC Pen Corporation. (12)
10/08/2009Reply BriefEvent related to subsequent petition filed in case. PET #2's reply brief on the merits (12) filed on behalf of Janace M. Carter.
10/06/2009Reply BriefEvent related to first petition filed in case. Pet's REPLY brief on the merits. On behalf of Pet 1, BIC Pen Corporation. (12)
09/15/2009Brief on the MeritsRespondent Resp's brief on the merits. On behalf of (pet 1) BIC Pen Corporation. (12)
09/10/2009Brief on the MeritsRespondent PET #2's brief on the merits (12) filed on behalf of Janace Carter.
08/12/2009Brief on the MeritsEvent related to first petition filed in case. Pet #1 brief on the merits filed on behalf of Bic Pen Corp. (orig & 11)
08/11/2009Brief on the MeritsEvent related to subsequent petition filed in case. PET #2's brief on the merits (12) filed on behalf of Janace Carter.
05/01/2009Response to PetitionRespondent Response to PET/REV #2.  On behalf of PET/Cross-Respondent (#1), BIC Pen Corp. (12)
03/30/2009Reply to ResponseEvent related to first petition filed in case. PET #1's reply in support of petition (12) filed on behalf of BIC Pen Corp.
03/24/2009Amicus Curiae Brief receivedReceived (instead of filed) (12) Amicus brief on behalf of Product Liability Advisory Council, Inc. in support of pet/rev #1.  Submitted by O. Rey Rodriguez; FULBRIGHT & JAWORSKI LLP., 2200 Ross Ave., Ste. 2800, Dallas, Texas 75201. (Ph) 214/855-8000, (Fx) 214/855-8200.
03/02/2009Response to PetitionRespondent Response to petition (12) filed on behalf of Janace Carter.
03/02/2009Appendix FiledEvent related to subsequent petition filed in case. attached to petition
03/02/2009Petition for Review #2Event related to subsequent petition filed in case. PFR #2  appendix attached (12) filed on behalf of Janace M. Carter, et al.
01/16/2009Appendix FiledPetitioner attached to PFR
01/16/2009Petition for ReviewPetitioner PFR appendix attached (12) filed on behalf of of Bic Pen Corp.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
10/31/2011Case Stored  Exhibit Room H-3 (7 vols + 2 boxes)
10/09/2009Motion for Extension of Time disposed.Filing granted Janace Carter's m/e/t to file reply bom is granted.   The reply brief was filed in this office on October 8, 2009.
10/08/2009Reply Brief  PET #2's reply brief on the merits (12) filed on behalf of Janace M. Carter.
10/08/2009Motion for Extension of Time to File Brief filed  PET #2's unopposed motion for extension of time to file reply brief on the merits (4) filed on behalf of Janace Carter.
10/07/2011Mandate issued  Mandate & Cost Bill Issued
10/06/2009Reply Brief  Pet's REPLY brief on the merits. On behalf of Pet 1, BIC Pen Corporation. (12)
10/01/2009Motion for Extension of Time disposed.Filing granted Joint m/e/t to file replies to resp bom is granted.  Both replies are due n/l/t 3pm, October 7, 2009.  further reqs will be disfavored.
09/30/2011Motion for Rehearing - DisposedDenied with Justice not sitting.
09/28/2009Motion for Extension of Time to File Brief filed  Unopposed m/e/t to file pets' reply brief on the merits. On behalf of BIC Pen Corp. and Carter. (3)
09/19/2011Document filed (see remarks)  EFILED  Bic Pen Corporation's Response to Janace Carter's Supplemental Authority (HARD COPIES REC'D)
09/15/2009Brief on the Merits  Resp's brief on the merits. On behalf of (pet 1) BIC Pen Corporation. (12)
09/10/2009Brief on the Merits  PET #2's brief on the merits (12) filed on behalf of Janace Carter.
09/05/2011Additional citations received.  E-FILED  Supplemental Authority in Support of Motion for Rehearing filed on behalf of Janace M. Carter.  HARD COPIES RECEIVED.  
09/02/2009Motion for Extension of Time disposed.Filing granted Joint M/e/t to file resps' bom is granted.  Resps' br are due n/l/t 3pm, September 15, 2009.  Reply brs are due n/l/t 3pm, September 30, 2009.  further reqs will be disfavored.  mailbox rule dna.
08/31/2009Motion for Extension of Time to File Brief filed  Resps' unopposed m/e/t to file both resps brief on the merits.  On behalf of (pet 1) BIC Pen Corp and (pet 2) Carter. (3)
08/12/2009Brief on the Merits  Pet #1 brief on the merits filed on behalf of Bic Pen Corp. (orig & 11)
08/11/2009Brief on the Merits  PET #2's brief on the merits (12) filed on behalf of Janace Carter.
08/03/2011Response to Motion for Rehearing  Response to Motion for Rehearing (2) filed on behalf Bic Pen Corp.
07/19/2011Supreme Court of Texas Requested Response  Requested response to motion for rehearing due no later than 3:00 p.m. on 8/3/11; mailbox rule does not apply
07/05/2011Case forwarded to Court 
07/05/2011Motion for Rehearing for pet #2   Respondent/Cross-Petitioner #2 Janace M. Carter's Motion for Rehearing. (2)
07/02/2009Motion for Extension of Time disposed.Filing granted Joint m/e/t to file pets' bom is granted.   Pets' br is due n/l/t 3pm, August 12, 2009.   Resps' br is due n/l/t 3pm, September 1, 2009.  Reply br is due n/l/t 3pm, September 16, 2009.  FURTHER REQS WILL BE DISFAVORED.   MAILBOX RULE DNA.
07/01/2009Motion for Extension of Time to File Brief filed  JOINT m/e/t to file pets' briefs on the merits.  On behalf of PET 1, BIC Pen Corp. & PET 2, Janace M. Carter. (12)
06/24/2009Case Record Filed   INVENTORY IN MAIN REMARKS SECTION
06/17/2011Court approved judgment sent to attorneys of recordIssued
06/17/2011Opinion issuedIssued
06/17/2011Opinion issuedCourt of Appeals' judgment reversed & judgment rendered
06/12/2009Record Requested in Case 
06/12/2009Brief on the Merits Ordered  Brief on the merits requested:  Pet br due n/l/t 3:00 p.m. on 7/13/09; Rsp br due 8/3/09; Reply br due 8/18/09; mlbx rule d/n/a
05/01/2009Response to Petition  Response to PET/REV #2.  On behalf of PET/Cross-Respondent (#1), BIC Pen Corp. (12)
04/26/2011Letter Filed  E-FILED Response to Additional Cites filed on behalf of BIC Pen Corp.  HARD COPIES RECEIVED
04/21/2011Document filed (see remarks)  Copy of U.S. Supreme Court decision Williamson v. Mazda Motor of America, Inc. attached to additional cite filed on 04/21/11 filed behalf of Janace M. Carter. (12)
04/21/2011Additional citations received.  Letter submitting the supplemental authority of U.S. Supreme Court decision Williamson v. Mazda Motor of America, Inc. filed on behalf of Janace M. Carter. (12)
03/30/2009Reply to Response  PET #1's reply in support of petition (12) filed on behalf of BIC Pen Corp.
03/30/2009Motion for Extension of Time disposed.Filing granted Bic Pen Corp's m/e/t to file response is granted.   Response is due May 1, 2009.  Further reqs will be disfavored.  
03/27/2009Motion for Extension of Time to File Response  PET #1's unopposed motion for extension of time to file response (12) filed on behalf of Bic Pen Corp.  
03/24/2009Amicus Curiae Brief received  (12) Amicus brief on behalf of Product Liability Advisory Council, Inc. in support of pet/rev #1.  Submitted by O. Rey Rodriguez; FULBRIGHT & JAWORSKI LLP., 2200 Ross Ave., Ste. 2800, Dallas, Texas 75201. (Ph) 214/855-8000, (Fx) 214/855-8200.
03/23/2010Oral argument   argued on behalf of petitioner by Reagan W. Simpson; argued on behalf of cross pet/rsp by Lisa Powell (Justice Green not sitting)
03/23/2010Oral argument   argued on behalf of petitioner by Reagan W. Simpson; argued on behalf of cross pet/respondent by Lisa Powell
03/23/2010Exhibits in case/cause filed  Exhibits for Oral Argument filed on behalf of Pet 1, BIC Pen Corporation. (12)
03/08/2010Oral Argument Submission Form from Attorney received  OA submission form submitted by cross-pet/rsp atty Lisa Powell of Atlas & Hall, L.L.P. of McAllen
03/03/2009Case forwarded to Court 
03/03/2009Case forwarded to Court 
03/02/2010Oral Argument Submission Form from Attorney received  OA submission form submitted by pet#1 Reagan W. Simpson of King & Spalding LLP of Austin
03/02/2009Response to Petition  Response to petition (12) filed on behalf of Janace Carter.
03/02/2009Appendix Filed  attached to petition
03/02/2009Petition for Review #2  PFR #2  appendix attached (12) filed on behalf of Janace M. Carter, et al.
02/12/2010Case set for oral argumentCase set for oral argument Set for OA on 3/23/10; Time allotted to argue: 20/20 minutes
02/12/2010Petition for Review granted 
02/12/2010Petition for Review disposedFiling granted
02/12/2010Case set for oral argumentCase set for oral argument Set to argue on 3/23/10 @ 9 a.m.; Time allotted to argue:  20/20 minutes
02/12/2010Petition for Review granted 
02/12/2010Petition for Review disposedFiling granted
02/11/2009Motion for Extension of Time disposed.Filing granted Janace Carter's m/e/t to file response to pet/rev is granted.   Resp is due March 2, 2009.  Further requests will be disfavored.
02/11/2009Motion for Extension of Time to File Petition for Review disposedFiling granted Janace Carter's m/e/t to file pet/rev is granted.  Pet/rev is due March 2, 2009.
02/10/2009Call received  from Ms. Powell to let the Court know that she will mail the filing fee today.
02/10/2009Phone call from Clerk's Office  to Ms. Lisa Powell.  Re: to request $10 filing fee for her m/e/t to file pet/rev #2.  Left msg on her answering machine.
02/09/2009Motion for Extension of Time to File Petition for Review #2 filed  Unopposed m/e/t to file pet/rev #2 (incorporated w/m/e/t to file response). On behalf of Janace M. Carter. (10)
02/09/2009Motion for Extension of Time to File Response  Unopposed m/e/t to file resp to pet/rev. On behalf of Janace Carter. (10)
01/16/2009Appendix Filed  attached to PFR
01/16/2009Petition for Review  PFR appendix attached (12) filed on behalf of of Bic Pen Corp.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
10/31/2011Case StoredCase stored.Exhibit Room H-3 (7 vols + 2 boxes)
Parties
Party▲▼Party Type▲▼Representative▲▼
Product Liability Advisory Council, Inc.Amicus CuriaeMr. O. Rey Rodriguez
Carter, Janace M.RespondentMr. Daniel G. Gurwitz
Mr. Daniel W. Shindler
Mr. Daniel Keith Worthington
Ms. Lisa D. Powell
Bic Pen Corporation PetitionerMr. Reagan W. Simpson
Mr. Bert L. Huebner
Ms. Amy Eikel
Mr. Kyle H. Dreyer
Mr. Darrell L. Barger
Court of Appeals Information:
Affirmed [duplicate 1] 
___ SW3d ___, 08-18-05 
13th Court of Appeals 
Honorable Dori Contreras 
Trial Court Information
130th District Court 
Matagorda 
Honorable J. Craig Estlinbaum 
98-J-0590-C