Supreme Court

Case: 10-0223    
10-0223
04/01/2010
Second Petition for Review/Cause under Rule 53.1
CENTOCOR, INC. 
PATRICIA HAMILTON AND THOMAS HAMILTON v. MICHAEL G. BULLEN, M.D. 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
07/25/2012Motion for Rehearing for pet #2 Respondent's Motion for Rehearing of Cause filed Respondents and Cross-Petitioners Patricia Hamilton & Thomas Hamilton's Motion for Rehearing.
06/05/2012Letter brief Event related to first petition filed in case. Letter Alerting the Court to Relevant Legal Development. On behalf of Centocor, Inc.
12/09/2011Amicus Curiae Brief receivedReceived (instead of filed) E-FILED: Amicus Curiae Brief filed on behalf of International Association of Defense Counsel.  (HARD COPIES REC'D)
12/06/2011Pre-Submission briefPetitioner E-FILED: Pre-Submission Letter alerting Court to New Authority filed on behalf of Centocor, Inc.
12/02/2011Amicus Curiae Brief receivedReceived (instead of filed) E-FILED: Amicus Curiae brief in support of Petitioner filed on behalf of Washington Legal Foundation. Submitted by Richard D. Salgado, Jones Day, 2727 North Harwood Street, Dallas, Texas 75201, (214) 220-3939.  (HARD COPIES REC'D)
10/18/2011Amicus Curiae Brief receivedReceived (instead of filed) E-FILED  Brief of Amici Curiae Texas Medical Association, Texas Medical Liability Trust and Texas Alliance for Patient Access.  Submitted by R. Brent Cooper; COOPER & SCULLY, P.C., 900 Jackson Street, Suite 100, Dallas, Texas 75202 TEL: (214) 712-9500. (HARD COPIES REC'D)
06/02/2011Reply BriefEvent related to subsequent petition filed in case. E-FILED  Reply Brief on the Merits filed on behalf of Patricia and Thomas Hamilton.  HARD COPIES RECEIVED
05/18/2011Brief on the MeritsOther than Petitioner, Respondent, Relator etc. E-FILED  Cross-Respondent-OTH, Michael G. Bullen, M.D.'s Response Brief on the Merits.  HARD COPIES RECEIVED
05/17/2011Reply BriefPetitioner E-FILED:  Petitioner's Reply and Cross-Brief on the Merits on behalf of Centocor, Inc. (HARD COPIES RECEIVED)
03/28/2011Brief on the MeritsEvent related to subsequent petition filed in case. E-FILED  Petitioners #2, Patricia & Thomas Hamilton's Brief on the Merits. (2 Hard copies received)
01/18/2011Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief of Product Liability Advisory Council, Inc. (12) submitted by Ruth Malinas, Ball & Weed, 10001 Reunion Place, Ste. 600, 78216, (210)7316344.
01/18/2011Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief in support of Centocor, Inc. on behalf of Pacific Legal Foundation (12) submitted by Kathleen Cassidy Goodman.
01/05/2011Brief on the MeritsEvent related to first petition filed in case. Brief on the merits (12) filed on behalf of Centocor, Inc.
09/02/2010Reply to ResponseEvent related to first petition filed in case. Reply in support of petition (12) filed on behalf of Centocor, Inc.
07/19/2010Response to PetitionRespondent Response to petition INCORPORATED WITH CROSS-PETITION (12) filed on behalf of Patricia and Thomas Hamilton.
07/19/2010Appendix FiledEvent related to subsequent petition filed in case. attached to petition
07/19/2010Petition for Review #2Petitioner Petition appendix attached WITH RESPONSE INCORPORATED (12) filed on behalf of Patricia and Thomas Hamilton
05/21/2010Supplemental appendix Petitioner Supplemental appendix [13th Court of Appeals' Judgment] filed on behalf of Centocor, Inc. (12)
05/20/2010Amicus Curiae Brief receivedReceived (instead of filed) Amicus curiae brief on behalf of Pharmaceutical Research and Manufacturers of America in support of pet/review, submitted by Mr. Dylan O. Drummond, Law Office of Dylan O. Drummond, 3510 Native Dancer Cv., Austin, TX  78746, Phone (512) 789-2939.  (orig & 11)
05/19/2010Appendix FiledPetitioner Appendix attached to Petition for Review.
05/19/2010Petition for ReviewPetitioner On behalf of Centocor, Inc. (12)
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/09/2011Amicus Curiae Brief received  E-FILED: Amicus Curiae Brief filed on behalf of International Association of Defense Counsel.  (HARD COPIES REC'D)
12/08/2011Oral argument   argued on behalf of petitioner by Robert M. (Randy) Roach; argued on behalf of cross-petitioners/respondents by Craig T. Enoch; argued on behalf of cross-respondent, Dr. Michael G. Bullen, M.D., by Thomas F. Nye; argued on behalf of amici curiae, Texas Medical Association, et al., by R. Brent Coooper; Time allotted to argue:  20 minutes for Petitioner; 20 minutes for Cross-Petitioners/Respondents; and 10 minutes for Cross-Respondent and Amicus Curiae
12/08/2011Oral argument   argued on behalf of petitioner by Robert M. (Randy) Roach; argued on behalf of cross-petitioners/respondents by Craig T. Enoch; argued on behalf of cross-respondent, Dr. Michael G. Bullen, M.D., by Thomas F. Nye; argued on behalf of amici curiae, Texas Medical Association, et al., by R. Brent Coooper; Time allotted to argue:  20 minutes for Petitioner; 20 minutes for Cross-Petitioners/Respondents; and 10 minutes for Cross-Respondent and Amicus Curiae
12/06/2011Letter Filed  E-FILED: Agreed Schedule of Advocate Presentation filed on behalf of Centocor, Inc.
12/06/2011Pre-Submission brief  E-FILED: Pre-Submission Letter alerting Court to New Authority filed on behalf of Centocor, Inc.
12/05/2011Pro hac vice motion disposedFiling granted Motion in Support of Motion for Admission Pro Hac Vice of Daniel R. Volkmuth granted.
12/05/2011Pro hac vice motion disposedFiling granted Motion for Admission Pro Hac Vice for Daniel R. Volkmuth is granted.
12/02/2011Amicus Curiae Brief received  E-FILED: Amicus Curiae brief in support of Petitioner filed on behalf of Washington Legal Foundation. Submitted by Richard D. Salgado, Jones Day, 2727 North Harwood Street, Dallas, Texas 75201, (214) 220-3939.  (HARD COPIES REC'D)
12/02/2011Pro hac vice motion filed  E-FILED: Motion in Support of Motion for Admission Pro Hac Vice filed on behalf of Washington Legal Foundation.
12/02/2011Pro hac vice motion filed  E-FILED: Motion for Admission Pro Hac Vice of Daniel R. Volkmuth filed on behalf of Washington Legal Foundation.
11/24/2010Phone call from Clerk's Office  Call to Amy Schumacher regarding extension of time; left voicemail stating motion was only granted 35 days due to holidays; instead of the requested 45 days
11/24/2010Motion for Extension of Time disposed.Filing granted Unopposed motion for extension of time to file brief on the merits granted.  Petitioner's brief due no later than 3:00  p.m. on 1/5/11; Resondent's brief due 1/25/11; Reply brief due 2/9/11; mailbox ruled does not apply.  Further requests for extensions of time will be disfavored.
11/19/2010Motion for Extension of Time to File Brief filed  Unopposed motion for extension of time to file Petitioner Centocor, Inc.'s Brief on the Merits. (3)
11/18/2011Motion to Argue disposedFiling granted Cross-respondent's and amici curiae's motion to participate in oral argument granted
11/09/2011Response to Motion filed  E-FILED  Response to Motion to Participate in Oral Argument filed on behalf of Patricia and Thomas Hamilton.
11/02/2011Oral Argument Submission Form from Attorney received  Oral argument submission form submitted by cross-respondent attorney Thomas F. Nye of Gault, Nye & Quintana, L.L.P. of Corpus Christi and amici curiae attorney R. Brent Cooper of Cooper and Scully, P.C. of Dallas, TX
11/01/2011Letter Filed  E-FILED  Letter to inform the Court that Patricia and Thomas Hamilton are unopposed to the motion of Cross-Respondent's and Amici Curiae's Motion to Participate in Oral Argument.
11/01/2011Response to Motion filed  E-FILED  Centocor's Response to Cross-Respondent Bullen and Amici Curiae's Motion to Participate in Oral Argument
11/01/2011Phone call from Clerk's Office  To Mr. John Gsanger's office (atty for pet#2, Patricia and Thomas Hamilton) to request that they efile their unopposed letter to motion to participate in oral argument of cross-resp's and amicus curiae.
11/01/2011Call received  From atty for pet#1, Centecor, Amy Schumacher informing the Court that they're not opposed to mo/argue that was efiled on 10/21/11, but will be filing a response to it within the next couple of days.
10/28/2010Motion for Extension of Time disposed.Filing granted Centocor, Inc's unopposed motion for extension of time to file brief on the merits granted.  Petitioner's brief due no later than 3:00 p.m. on 12/1/10; Response brief due 12/21/10; Reply brief due 1/5/11; mailbox rule does not apply.  Further requests for extensions of time will be disfavored.
10/27/2010Motion for Extension of Time to File Brief filed  Unopposed motion for extension of time to file brief (2) filed on behalf of Centocor, Inc.
10/19/2011Motion to Argue filed  E-FILED  Person interested in case, Michael G. Bullen, M.D., and Amici Curiae TX Medical Assoc., TX Medical Liability Trust, and TX Alliance for Patient Access' Joint Motion to Participate in Oral Argument. (HARD COPIES REC'D)
10/19/2010Case Record Filed   INVENTORY IN MAIN REMARKS SECTION
10/18/2011Amicus Curiae Brief received  E-FILED  Brief of Amici Curiae Texas Medical Association, Texas Medical Liability Trust and Texas Alliance for Patient Access.  Submitted by R. Brent Cooper; COOPER & SCULLY, P.C., 900 Jackson Street, Suite 100, Dallas, Texas 75202 TEL: (214) 712-9500. (HARD COPIES REC'D)
10/05/2010Record Requested in Case 
10/01/2010Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than 3:00 p.m. on 11/1/10; Respondent's brief due 11/22/10; Reply brief due 12/7/10; mailbox rule does not apply
09/28/2011Oral Argument Submission Form from Attorney received  Oral argument submission form submitted by respondent attorney Craig T. Enoch of Enoch Kever PLLC of Austin, TX
09/26/2012Case Stored  G02 Exhibit Room (7 vols + 2 boxes)
09/12/2011Phone call from Clerk's Office  Per instructions from the Court, BH called Tom Nye to tell him that if he would like oral argument he should file a motion requesting argument.
09/09/2011Notice from Counsel of a change in address  From amicus attorneys for Pacific Legal Foundation, Ms. Kathleen Cassidy Goodman & Deborah J. La Fetra.  (orig & 1)
09/09/2010Phone call from Clerk's Office  Requested Electronic Copy of Petition for Review filed July 19, 2010.
09/06/2011Oral Argument Submission Form from Attorney received  OA submission form submitted by petitioner attorney Robert M. (Randy) Roach, Jr. of Roach & Newton L.L.P. of Houston, TX
09/02/2010Reply to Response  Reply in support of petition (12) filed on behalf of Centocor, Inc.
09/01/2011Call received  Tom Nye called BH to ask whether cross-respondent Bullen would be allotted oral argument time. BH asked Mr. Nye to send him and e-mail outlining the parties alignment so that he can discuss the issue with staff.
08/26/2011Case set for oral argumentCase set for oral argument Set for oral argument at 9:00 a.m. on 12/8/11; time allotted to argue:  20/20 minutes
08/26/2011Petition for Review granted 
08/26/2011Petition for Review disposedFiling granted
08/26/2011Case set for oral argumentCase set for oral argument Set for oral argument at 9:00 a.m. on 12/8/11; time allotted to argue:  20/20 minutes
08/26/2011Petition for Review granted 
08/26/2011Petition for Review disposedFiling granted
08/17/2012Mandate issued  Mandate & Cost Bill Issued
08/17/2012Miscellaneous motion disposed. See Remarks.Denied Motion for Trial Costs denied
08/17/2012Motion for Rehearing - DisposedDenied
08/13/2010MET to file reply disposed ofFiling granted Centocor's reply is due September 2, 2010.  further requests will be disfavored
08/13/2010Motion for Extension of Time disposed.Filing granted Centocor's response is due September 2, 2010.  further requests will be disfavored.  
08/03/2010Phone call from Clerk's Office  Requested additional fee for two motions incorporated together.
07/29/2010Motion for Extension of Time to File Response  Unopposed motion for extension of time to file reply brief AND response to conditional cross-petition for review INCORPORATED TOGETHER (2) filed on behalf of Centocor, Inc.
07/29/2010Motion to Extend Time to File Reply filed  Unopposed motion for extension of time to file reply brief AND response to conditional cross-petition for review INCORPORATED TOGETHER (2) filed on behalf of Centocor, Inc.
07/25/2012Case forwarded to Court 
07/25/2012Motion for Rehearing for pet #2   Respondents and Cross-Petitioners Patricia Hamilton & Thomas Hamilton's Motion for Rehearing.
07/22/2011Address Change   E-FILED Atty Mr. Dylan Drummond's, Lead counsel for Amicus Curiae Pharmaceutical Research & Manufacturers of America, Notice of Change of Firm and Change of Address.  Updated in CMS. (HARD COPIES REC'D)
07/21/2010Call received  Mr. Roach informed the Court that he would be filing a motion for extension of time to file a response and reply.
07/20/2010Case forwarded to Court 
07/20/2010Case forwarded to Court 
07/19/2010Response to Petition  Response to petition INCORPORATED WITH CROSS-PETITION (12) filed on behalf of Patricia and Thomas Hamilton.
07/19/2010Appendix Filed  attached to petition
07/19/2010Petition for Review #2  Petition appendix attached WITH RESPONSE INCORPORATED (12) filed on behalf of Patricia and Thomas Hamilton
07/17/2012Miscellaneous Motion  Motion for Trial Costs filed on behalf of Centocor, Inc.
06/28/2012Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Motion for Rehearing due 07/25/12. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED.
06/22/2012Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion for Extension of Time to File Petition for Review filed on behalf of Patricia and Thomas Hamilton.
06/10/2010Motion for Extension of Time disposed.Filing granted Hamilton's response is due July 19, 2010.  further requests for extensions of time will be disfavored
06/10/2010Motion for Extension of Time to File Petition for Review disposedFiling granted Hamilton's petition is due July 19, 2010
06/08/2012Court approved judgment sent to attorneys of recordIssued
06/08/2012Opinion issuedIssued
06/08/2012Opinion issuedCourt of Appeals' judgment reversed & judgment rendered
06/08/2010Phone call from Clerk's Office  Requested additional $10.00.
06/08/2010Motion for Extension of Time to File Petition for Review #2 filed  Unopposed motion for extension of time to file response AND conditional cross-petition for review INCORPORATED (2) filed on behalf of Patricia and Thomas Hamilton.
06/08/2010Motion for Extension of Time to File Response  Unopposed motion for extension of time to file response AND conditional cross-petition for review INCORPORATED (2) filed on behalf of Patricia and Thomas Hamilton.
06/05/2012Letter brief   Letter Alerting the Court to Relevant Legal Development. On behalf of Centocor, Inc.
06/02/2011Reply Brief  E-FILED  Reply Brief on the Merits filed on behalf of Patricia and Thomas Hamilton.  HARD COPIES RECEIVED
05/31/2012Phone call from Clerk's Office  to Ms. Malinas' office. Spoke with assistant, Pam Sheehan, and notified her that we are going to enter the notice (efiled on 5/30/12) in our system but Mr. Beck won't be added in this case because he is an out-state attorney. Therefore, he needs to file Mo/Appear Pro Hac Vice & Mo/Support to Appear Pro Hac Vice. As soon as he do so, Mr. Beck will be added as Counsel for Amicus Product Liability Advisory.
05/30/2012Notice received  Amicus Curiae Product Liability Advisory Council advises the Court that its Counsel James Beck had change of law firm, and along with Ms. Ruth Malinas, he would like to received any orders, notices, briefs and other documents filed in this case at his new mailing address.
05/21/2010Supplemental appendix   Supplemental appendix [13th Court of Appeals' Judgment] filed on behalf of Centocor, Inc. (12)
05/20/2010Phone call from Clerk's Office  to Mr. Robert Roach.  RE: to request (12) copies of the 13th Court of Appeals' Judgment.  Left message with secretary.
05/20/2010Amicus Curiae Brief received  Amicus curiae brief on behalf of Pharmaceutical Research and Manufacturers of America in support of pet/review, submitted by Mr. Dylan O. Drummond, Law Office of Dylan O. Drummond, 3510 Native Dancer Cv., Austin, TX  78746, Phone (512) 789-2939.  (orig & 11)
05/19/2010Appendix Filed  Appendix attached to Petition for Review.
05/19/2010Petition for Review  On behalf of Centocor, Inc. (12)
05/18/2011Brief on the Merits  E-FILED  Cross-Respondent-OTH, Michael G. Bullen, M.D.'s Response Brief on the Merits.  HARD COPIES RECEIVED
05/17/2011Reply Brief  E-FILED:  Petitioner's Reply and Cross-Brief on the Merits on behalf of Centocor, Inc. (HARD COPIES RECEIVED)
04/13/2011Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to File Michael G. Bullen, M.D.'s response brief on the merits granted.  Response brief due no later than 3:00 p.m. on 5/18/11; Reply brief due 6/2/11; mailbox rule does not apply.  Further requests for extensions of time will be disfavored.
04/13/2011Motion for Extension of Time to File Brief filed  E-FILED: Unopposed Motion for Extension of Time to File Cross-Respondent Michael G. Bullen, M.D.'s Response to Cross-Petitioners' Brief on the Merits HARD COPIES RECEIVED
04/13/2011Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to File Centocor's response brief on the merits granted.  Response brief due no later than 3:00 p.m. on 5/18/11; Reply brief due 6/2/11; mailbox rule does not apply.  Further requests for extensions of time will be disfavored.
04/12/2012Case Record Filed   (2) BOXES OF EXHIBITS
04/08/2011Motion for Extension of Time to File Brief filed  Unopposed motion for extension of time to file Cross Respondent/Petitioner Centocor, Inc.'s Response Brief on the Merits. (2)
04/05/2010Motion for Extension of Time to File Petition for Review disposedFiling granted Motion to extend time to file petition for review is granted.   The petition is due May 19, 2010
04/01/2010Motion for Extension of Time to File Petition for Review filed  Unopposed m/e/t to file pet/rev. On behalf of Centocor, Inc. (3)
03/28/2011Brief on the Merits  E-FILED  Petitioners #2, Patricia & Thomas Hamilton's Brief on the Merits. (2 Hard copies received)
02/22/2011Motion for Extension of Time disposed.Filing granted Patricia & Thomas Hamilton's unopposed motion for extension of time to file brief on the merits granted.  Petitioner#2's brief due 3/28/11; Response brief due 4/18/11; Reply brief due 5/3/11; mailbox rule does not apply.  No further extensions of time will be considered for this filing
02/18/2011Address Change   Petitioner #1 Centocor, Inc. filed notice to inform that Ruth G. Malinas, counsel for Amicus Curiae Product Liability Advisory Council, is now affiliated with the firm of Plunkett & Gibson, Inc. Updated in CMS. (2)
02/10/2011Motion for Extension of Time to File Brief filed  Second unopposed motion for extension of time to file Petitioner's Brief on the Merits. On behalf of Petitioner #2, Patricia Hamilton, et al. (3)
02/09/2011Address Change   Mr. Enoch's change of address:  EnochKever PLLC, 600 Congress Ave., Ste. 2800, Austin TX 78701 (1).
01/24/2011Motion for Extension of Time disposed.Filing granted Patricia & Thomas Hamilton's unopposed motion for extension of time to file brief on the merits granted.  Petitioner's brief due no later than 3:00 p.m. on 2/24/11; Response brief due 3/16/11; Reply brief due 3/31/11; mailbox rule does not apply.  Further requests for extensions of time for this filing will be disfavored.
01/18/2011Amicus Curiae Brief received  Amicus Brief of Product Liability Advisory Council, Inc. (12) submitted by Ruth Malinas, Ball & Weed, 10001 Reunion Place, Ste. 600, 78216, (210)7316344.
01/18/2011Phone call from Clerk's Office  Requested electronic copy of amicus brief.  
01/18/2011Amicus Curiae Brief received  Amicus Brief in support of Centocor, Inc. on behalf of Pacific Legal Foundation (12) submitted by Kathleen Cassidy Goodman.
01/12/2011Motion 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 Patrcia and Thomas Hamilton.
01/05/2011Brief on the Merits  Brief on the merits (12) filed on behalf of Centocor, Inc.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
09/26/2012Case StoredCase stored.G02 Exhibit Room (7 vols + 2 boxes)
Parties
Party▲▼Party Type▲▼Representative▲▼
Bullen, M.D., Michael G.Other interested party Mr. Douglas M. Kennedy
Mr. Robert William Clore
Mr. Jay Henderson
Mr. William J. Granberry
Mr. Thomas Nye
Pharmaceutical Research and Manufacturers of AmericaAmicus CuriaeMr. Dylan O. Drummond
Centocor, Inc.PetitionerMr. Manuel López
Mr. Daniel W. Davis
Mr. Robert M. Randy Roach Jr.
Ms. Mary Leigh Harrell
Ms. Amy J. Schumacher
Mr. Gene M. Williams
Hauptman, M.D., Ronald J.Other interested party Mr. Simon Brian Purnell
International Association of Defense CounselAmicus CuriaeMr. Joseph David Cohen
Ms. Lauren B. Harris
Product Liability Advisory Council, Inc.Amicus CuriaeMs. Ruth G. Malinas
Washington Legal FoundationAmicus CuriaeMr. Richard David Salgado
Mr. Daniel R. Volkmuth
Pacific Legal FoundationAmicus CuriaeMs. Kathleen Cassidy Goodman
Ms. Deborah J. La Fetra
Pop-Moody, M.D., Adriana M.Other interested party Mr. William A. Abernethy
Hamilton, PatriciaRespondentMr. John B. Gsanger
Ms. Angelina Beltran
Ms. Melissa A. Lorber
Mr. William Ryle Edwards
Ms. Jo Emma Arechiga
Mr. Craig T. Enoch
Texas Medical AssociationAmicus CuriaeMr. R. Brent Cooper
Court of Appeals Information:
Affirmed as Modified 
310 SW3d 476, 03-04-10 
13th Court of Appeals 
Honorable Linda Reyna Yanez 
Trial Court Information
County Court at Law No 4 
Nueces 
Honorable James E. Klager 
03-60526-4