Supreme Court

Case: 10-0006    
10-0006
01/05/2010
Petition for Review originally filed as 53.7(f)
CAROL A. ERNST, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF ROBERT CHARLES ERNST 
MERCK & CO., INC. 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
10/04/2011Additional citations received.Petitioner E-FILED  Petitioner Carol A. Ernst's supplemental authority relevant to the issues raised in this appeal—specifically, Matrixx Initiatives, Inc. v. Siracusano, ___U.S.___, 131 S.Ct. 1309 (2011).  Opinion is attached to this letter.  HARD COPIES RECEIVED.
08/29/2011Response to Brief filedRespondent E-FILED: Response to Letter Brief filed on behalf of Merck & Co., Inc. (HARD COPIES REC'D)
08/19/2011Letter brief Petitioner EFILED  Letter Brief in response to Merck's Letter Brief of July 29, 2011 filed on behalf of Carol A. Ernst (HARD COPIES REC'D)
07/29/2011Letter brief Respondent E-FILED  Letter brief in response to Petitioner's July 25 letter brief.  Filed on behalf of Merck & Co., Inc. (HARD COPIES REC'D)
07/25/2011Surreply filedPetitioner E-FILED  Petitioner Carol A. Ernst's Sur-Reply Letter in response to Respondent's Sur-Reply.  (HARD COPIES)
06/20/2011Surreply filedRespondent (Sur) Reply Brief on the Merits filed on behalf of Merck & Co., Inc. (12)
05/31/2011Reply BriefPetitioner E-FILED  Reply brief on the merits filed on behalf of Carol A. Ernst. (HARD COPIES RECEIVED)
03/14/2011Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Merck & Co., Inc. (12)
12/22/2010Brief on the MeritsPetitioner Petitioner Carol A. Ernst's Brief on the Merits. (12)
06/30/2010Reply to ResponsePetitioner Petitioner's reply to response to petition for review.  On behalf of Carol A. Ernst, Individually (orig & 11)
05/17/2010Response to PetitionRespondent Response to Petition for Review. On behalf of Merck & Co., Inc. (12)
02/03/2010Appendix FiledPetitioner Appendix attached to PFR.
02/03/2010Petition for ReviewPetitioner On behalf of Carol A. Ernst. (12)
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/30/2010Motion for Extension of Time to File Brief filed  unopposed first motion for extension of time to file brief on the merits on behalf of Merck & Co., Inc.(2)
12/27/2010Motion for Extension of Time disposed.Filing granted Unopposed motion for extension of time to file petitioner's brief on the merits granted.  Petitioner's brief filed 12/22/10; Response brief due no later than 3:00 p.m. on 1/11/11; Reply brief due 1/26/11; mailbox rule does not apply.  Further requests for extensions of time will be disfavored.
12/22/2010Motion for Extension of Time to File Brief filed  Unopposed motion for extension of time to file brief on the merits (2) filed on behalf of Carol Ernst.
12/22/2010Brief on the Merits  Petitioner Carol A. Ernst's Brief on the Merits. (12)
12/16/2011Petition for Review disposedDenied with Justice not sitting.
11/30/2010Case Record Filed   Reporter's Record Vols. 17, 61, 84 & 85.
11/24/2010Motion for Extension of Time disposed.Filing granted Unopposed motion for extension of time to file petitioner's brief on the merits granted.  Petitioner's brief due no later than 3:00 p.m. on 12/20/10; Respondent's brief due 1/10/11; Reply brief due 1/25/11; mailbox rule does not apply. No further requests for extensions of time will be considered.
11/22/2010Motion for Extension of Time to File Brief filed  Unopposed motion for extension of time to file brief on the merits (2) filed on behalf of Carol Ernst.
10/22/2010Motion for Extension of Time disposed.Filing granted Unopposed motion for extension of time to file petitioner's brief on the merits granted.  Petitioner's brief due no later than 3:00 p.m. on 11/19/10; Response brief due 12/9/10; Reply brief due 12/27/10; mailbox rule does not apply.  Further requests for extensions of time will not be considered.
10/21/2010Motion for Extension of Time to File Brief filed  Unopposed motion for extension of time to file brief on the merits (2) filed on behalf of Carol A. Ernst.
10/11/2011Letter Filed  E-FILED: Letter in response to October 4, 2011 petitioner letter filed on behalf of Merck & Co., Inc. (HARD COPIES REC'D)
10/04/2011Additional citations received.  E-FILED  Petitioner Carol A. Ernst's supplemental authority relevant to the issues raised in this appeal—specifically, Matrixx Initiatives, Inc. v. Siracusano, ___U.S.___, 131 S.Ct. 1309 (2011).  Opinion is attached to this letter.  HARD COPIES RECEIVED.
09/23/2010Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to File Petitioner's Brief on the Merits granted.  Petitioner's brief due no later than 3:00 p.m. on 10/20/10; Respondent's brief due 11/9/10; Reply brief due 11/24/10; mailbox rule does not apply.  Further requests for extensions of time will be disfavored.
09/21/2010Motion for Extension of Time to File Brief filed  Unopposed motion for extension of time to file brief on the merits (2) filed on behalf of Carol A. Ernst, et al.
08/30/2010Case Record Filed   Electronic Copy of COA Record.
08/29/2011Response to Brief filed  E-FILED: Response to Letter Brief filed on behalf of Merck & Co., Inc. (HARD COPIES REC'D)
08/25/2011Call received  From Ms. Katherine MacKillop w/Fulbright, atty for respondent, Merck & Co., to inform the Court that they will be filing a reply to pet's letter brief of 8/19/11 by Friday, Aug. 26th or by no later than Monday, Aug. 29th.
08/23/2010Record Requested in Case 
08/20/2010Brief on the Merits Ordered  Brief on the merits requested:  Pet brief due no later than 3:00 p.m. on 9/20/10; Resp brief due 10/11/10; Reply brief due 10/26/10; mailbox rule does not apply
08/19/2011Letter brief   EFILED  Letter Brief in response to Merck's Letter Brief of July 29, 2011 filed on behalf of Carol A. Ernst (HARD COPIES REC'D)
07/29/2011Letter brief   E-FILED  Letter brief in response to Petitioner's July 25 letter brief.  Filed on behalf of Merck & Co., Inc. (HARD COPIES REC'D)
07/25/2011Surreply filed  E-FILED  Petitioner Carol A. Ernst's Sur-Reply Letter in response to Respondent's Sur-Reply.  (HARD COPIES)
06/30/2010Phone call from Clerk's Office  To Mr. David Holman's office requesting electronic copy of reply filed today.
06/30/2010Reply to Response  Petitioner's reply to response to petition for review.  On behalf of Carol A. Ernst, Individually (orig & 11)
06/20/2011Surreply filed  (Sur) Reply Brief on the Merits filed on behalf of Merck & Co., Inc. (12)
06/17/2011Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to File Brief granted.  Merck's brief due 6/20/11; mailbox rule does not apply.  Further requests for extensions of time will be disfavored.
06/15/2011Motion for Extension of Time filed  Respondent Merck, Sharp & Dohme, formerly known as Merck & Co., Inc.'s unopposed motion for extension of time to file [Sur-] Reply Brief on the Merits. (2)
06/15/2010MET to file reply disposed ofFiling granted Reply is due July 9, 2010.  Further requests will be disfavored.
06/11/2010Motion to Extend Time to File Reply filed  Unopposed motion for extension of time to file reply (2) filed on behalf of Carol A. Ernst.
06/02/2011Call received  From Ms. Katherine Mackillop to inform the Court that she will be filing a response to pet's reply brief of 5/27/11.
05/31/2011Reply Brief  E-FILED  Reply brief on the merits filed on behalf of Carol A. Ernst. (HARD COPIES RECEIVED)
05/17/2010Response to Petition  Response to Petition for Review. On behalf of Merck & Co., Inc. (12)
05/05/2011Corrected Notice sent to all counsel  Corrected letter sent to parties:  reply due May 31 not May 30
04/28/2011Motion for Extension of Time disposed.Filing granted Unopposed motion for extension of time to file petitioner's reply brief on the merits granted.  Reply brief due no later than 3:00 p.m. on 5/31/11; mailbox rule does not apply if filing by paper.  No further requests for extensions of time will be considered.
04/27/2011Motion for Extension of Time to File Brief filed  E-FILED  Unopposed motion for extension of time to file reply brief filed on behalf of Carol Ernst.  HARD COPIES RECEIVED
04/06/2011Motion for Extension of Time disposed.Filing granted Unopposed motoin for extension of time to file petitioner's reply brief on the merits granted.  Reply brief due no later than 3:00 p.m. on 4/28/11; mailbox rule does not apply if filing by paper.  Further requests for extensions of time will be disfavored.
04/04/2011Motion for Extension of Time to File Brief filed  Unopposed motion for extension of time to file reply brief on the merits (2) filed on behalf of Carol A. Ernst.
03/24/2010Motion for Extension of Time disposed.Filing granted Motion to extend time to file response to petition for review is granted.   The response is due no later than 3pm, May 17, 2010.  further requests for extensions of time will be disfavored.  mailbox rule does not apply
03/23/2010Motion for Extension of Time to File Response  Unopposed m/e/t to file response to pet/rev. On behalf of Merck & Co., Inc. (3)
03/16/2010Supreme Court of Texas Requested Response  Requested response to petition for review due n/l/t 3:00 p.m. on 4/15/10; mlbx rule d/n/a
03/14/2011Phone call from Clerk's Office  Spoke with Attorney Mackillop and requested e-copy be resent in converted form instead of scanned.
03/14/2011Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Merck & Co., Inc. (12)
03/09/2010Case forwarded to Court 
03/03/2010Response Waiver filed  Response waiver (4) filed on behalf of Merck & Co., Inc.
02/03/2011Motion for Extension of Time disposed.Filing granted Unopposed second motion for extension of time to file brief on the merits granted.  Response brief due no later than 3:00 p.m. on 3/14/11; Reply brief due 3/29/11; mailbox rule does not apply.  No further requests for extensions of time will be considered.
02/03/2010Appendix Filed  Appendix attached to PFR.
02/03/2010Petition for Review  On behalf of Carol A. Ernst. (12)
02/01/2012Case Stored  Row 20 H-3
01/28/2011Motion for Extension of Time to File Brief filed  Second unopposed motion for extension of time to file Respondent's Brief on the Merits. On behalf of Merck & Co., Inc. (2)
01/25/2012Notice sent to Court of Appeals  Certified copy of notice sent to the Court of Appeals
01/06/2010Motion for Extension of Time to File Petition for Review disposedFiling granted M/e/t to file pet/rev is granted.   Pet/rev is due February 3, 2010
01/05/2010Motion for Extension of Time to File Petition for Review filed  Unopposed m/e/t to file pet/rev. (12) On behalf of Carol A. Ernst.
01/03/2011Motion for Extension of Time disposed.Filing granted Unopposed first motion for extension of time to file brief on the merits granted.  Respondent's brief due no later than 3:00 p.m. on 2/10/11; Repy brief due 2/25/11; mailbox rule does not apply.  Further requests for extensions of time will be disfavored.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
02/01/2012Case StoredCase stored.Row 20 H-3
Parties
Party▲▼Party Type▲▼Representative▲▼
Merck & Co., Inc.RespondentMr. Joseph D. Piorkowski Jr.
Mr. Travis Sales
Mr. Jonathan B. Skidmore
Mr. Seth D. Rothman
Ms. Katherine D. Mackillop
Mr. Charles C. Lifland
Mr. Joe W. Tomaselli Jr.
Ms. Julie Hardin
Mr. Richard L. Josephson
Mr. David Kiernan
Mr. Douglas R. Marvin
Mr. Theodore V.H. Mayer
Ms. Gerry Lowry
Mr. John H. Beisner
Mr. Walter Dellinger
Ms. Deborah G. Hankinson
Ernst, Carol A.PetitionerMr. Benedict P. Morelli
Mr. Kevin P. Parker
Ms. Dara G. Hegar
Ms. Shelly Sanford
Mr. W. Mark Lanier
Mr. David W. Holman
Mr. Kenneth Soh
Court of Appeals Information:
Reversed and Rendered 
296 SW3d 81, 06-04-09 
14th Court of Appeals 
Honorable Adele O. Hedges 
Trial Court Information
23rd District Court 
Brazoria 
Honorable Ben Hardin 
19961*BH02