Supreme Court

Case: 13-0175    
13-0175
03/12/2013
Petition for Review/Cause under Rule 53.1
MAGDALENA ADRIENNA ABUTAHOUN, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE HEIRS AND ESTATE OF ROBERT WAYNE HENDERSON, DECEASED, AND TANYA ELAINE HENDERSON, INDIVIDUALLY IN HER OWN RIGHT AND AS NEXT FRIEND OF Z.Z.H., A MINOR 
THE DOW CHEMICAL COMPANY 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
01/13/2015Exhibits in case/cause filedPetitioner Petitioners' Oral Argument Exhibits filed on behalf of Magdalena Adrienna Abutahoun, et al.
11/21/2014Petition Reinstated 
10/21/2014Letter brief Petitioner Letter Brief filed on behalf of Magdalena Adrienna Abutahoun.
10/17/2014Additional citations received.Respondent Additional cites filed on behalf of The Dow Chemical Company.
09/25/2014Fully hyperlinked brief filedPetitioner Hyperlinked Reply to Response to Motion for Rehearing filed on behalf of Magdalena Abutahoun.
09/23/2014Reply to Response to Motion for Rehearing filedPetitioner Reply to Response to Motion for Rehearing filed on behalf of Magdalena Abutahoun.
09/19/2014Fully hyperlinked brief filedRespondent Hyperlinked Response to Motion for Rehearing filed on behalf of The Dow Chemical Company.
09/10/2014Response to Motion for RehearingRespondent Response to Petitioners' Motion for Reheharing of Denial of Petition for Review filed on behalf of Dow Chemical Comapny.
07/15/2014Corrected BriefAmicus Curiae Corrected Amicus Brief of William V. Dorsaneo, III: State Bar No. 06012000, wdorsane@smu.edu, 3315 Daniel Avenue, Dallas, Texas 75205, Telephone: (214)768-2626
07/10/2014Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief of William V. Dorsaneo, III: State Bar No. 06012000, wdorsane@smu.edu, 3315 Daniel Avenue, Dallas, Texas 75205, Telephone: (214)768-2626
06/18/2014Motion for RehearingRehearing filed in Petition for Review Motion for Rehearing filed on behalf of Magdalena Adrienna Abutahoun, et al.
01/29/2014Fully hyperlinked brief filedPetitioner Hyperlinked Petitioner's Reply Brief on the Merits originally filed on 1/27/14 filed on behalf of Magdalena Adrienna Abutahoun.
01/27/2014Reply BriefPetitioner Petitioner's Reply Brief on the Merits filed on behalf of Magdalena Adrienna Abutahoun.
01/27/2014Amicus Curiae Brief receivedAmicus Curiae Amicus Curiae Brief filed on behalf of Dallas Building Trades Council in support of Petition for Review.
12/17/2013Corrected BriefRespondent Corrected Respondent's Brief on the Merits filed on behalf of The Dow Chemical Co. (HARD COPIES REC'D)
12/12/2013Brief on the MeritsRespondent Brief on the Merits filed on behalf of The Dow Chemical Co. (HARD COPIES REC'D)
10/25/2013Fully hyperlinked brief filedPetitioner Hyperlinked Petitioner Brief on the Merits filed on behalf of Magdalena Adrienna Abutahoun, et al.
10/23/2013Brief on the MeritsPetitioner Petitioner Brief on the Merits filed on behalf of Magdalena Adrienna Abutahoun, et al.  (HARD COPIES REC'D)
07/15/2013Reply to ResponsePetitioner Reply to Response to Petition for Review filed on behalf of Magdalena Adrienna Abutahoun, et al.  HARD COPIES RECEIVED.
06/28/2013Response to PetitionRespondent Response to Petition for Review. On behalf of The Dow Chemical Company.  (HARD COPIES REC'D)
04/24/2013Petition for ReviewPetitioner Petition for Review filed on behalf of Magdalena Adrienna Abutahoun, et al.  (HARD COPIES REC'D)
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/31/2013Notice of change of counsel  Letter from respondent attorney, Stephen G. Tipps, informing the Court that Macey Reasoner Stokes will become lead counsel for respondent, BP America Production Co. upon his retirement from Baker Botts L.L.P.
12/17/2013Corrected Brief  Corrected Respondent's Brief on the Merits filed on behalf of The Dow Chemical Co. (HARD COPIES REC'D)
12/16/2013Motion for Extension of Time disposed.Filing granted Motion for Extension of Time is granted.  Corrected Respondent's Brief is due December 17, 2013.  Reply Brief is due January 27, 2014.  FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THESE FILINGS WILL BE DISFAVORED.
12/16/2013Motion for Extension of Time to File Brief filed  Unopposed Motion to Extend Time to file Corrected Merits Brief filed on behalf of Dow Chemical Co.
12/13/2013Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Reply Brief on the Merits is Granted. Further requests for extensions of time will be disfavored. Reply brief is due January 27, 2014.
12/13/2013Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Magdalena Adrienna Abutahoun, et al.
12/12/2013Brief on the Merits  Brief on the Merits filed on behalf of The Dow Chemical Co. (HARD COPIES REC'D)
12/10/2014Oral Argument Submission Form from Attorney received  Oral argument will be presented by Macey Reasoner Stokes filed on behalf of The Dow Chemical Company.
12/10/2014Oral Argument Submission Form from Attorney received  Oral Argument Submission form submitted on behalf of Magdalena Adrienna Abutahoun, et al. Argument will be presented by Denyse Finn Clancy of Baron & Budd, P.C. out of Dallas, Texas.
11/21/2014Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., January 14, 2015.  Time allotted to argue: 20/20 minutes
11/21/2014Petition for Review disposedFiling granted
11/21/2014Petition for Review granted 
11/21/2014Petition Reinstated 
11/21/2014Motion for Rehearing - DisposedFiling granted
11/21/2014Previous Order of the Court withdrawn  Denial of petition for review on May 2, 2014 withdrawn
11/04/2013Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Response Brief is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Resp's Brief is due December 12, 2013; Pet's Reply Brief is due December 27, 2013.
11/04/2013Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Response Brief on the Merits. On behalf of The Dow Chemical Company.
10/25/2013Fully hyperlinked brief filed  Hyperlinked Petitioner Brief on the Merits filed on behalf of Magdalena Adrienna Abutahoun, et al.
10/23/2013Brief on the Merits  Petitioner Brief on the Merits filed on behalf of Magdalena Adrienna Abutahoun, et al.  (HARD COPIES REC'D)
10/21/2014Letter brief   Letter Brief filed on behalf of Magdalena Adrienna Abutahoun.
10/17/2014Additional citations received.  Additional cites filed on behalf of The Dow Chemical Company.
09/25/2014Fully hyperlinked brief filed  Hyperlinked Reply to Response to Motion for Rehearing filed on behalf of Magdalena Abutahoun.
09/25/2013Case Record Filed   Electronic Appellate Record Received
09/23/2014Reply to Response to Motion for Rehearing filed  Reply to Response to Motion for Rehearing filed on behalf of Magdalena Abutahoun.
09/19/2014Fully hyperlinked brief filed  Hyperlinked Response to Motion for Rehearing filed on behalf of The Dow Chemical Company.
09/10/2014Response to Motion for Rehearing  Response to Petitioners' Motion for Reheharing of Denial of Petition for Review filed on behalf of Dow Chemical Comapny.
09/04/2013Motion for Extension of Time disposed.Filing granted Motion for Extension of Time is granted.  Petitioner's Brief on the Merits is due on October 23, 2013.  FURTHER REQUESTS FOR EXTENSIONS OF TIME IS DISFAVORED.  Respondent's Brief is due November 12, 2013.  Reply Brief is due November 27, 2013.
09/04/2013Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Brief on the Merits filed on behalf of Magdalena Abutahoun.
08/27/2013Record Requested in Case 
08/23/2013Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than 9/23/13; Response brief due 10/14/13; Reply brief due 10/29/13.
07/29/2014Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Response to Rehearing is granted. Requested Response is due September 10, 2014. Further requests for extensions of time for this filing will be disfavored.
07/29/2014Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Motion for Rehearing. On behalf of The Dow Chemical Company.
07/25/2014Supreme Court of Texas Requested Response 
07/16/2015Case Stored  G02 Row 14 G-1
07/15/2014Corrected Brief  Corrected Amicus Brief of William V. Dorsaneo, III: State Bar No. 06012000, wdorsane@smu.edu, 3315 Daniel Avenue, Dallas, Texas 75205, Telephone: (214)768-2626
07/15/2013Reply to Response  Reply to Response to Petition for Review filed on behalf of Magdalena Adrienna Abutahoun, et al.  HARD COPIES RECEIVED.
07/10/2014Amicus Curiae Brief received  Amicus Brief of William V. Dorsaneo, III: State Bar No. 06012000, wdorsane@smu.edu, 3315 Daniel Avenue, Dallas, Texas 75205, Telephone: (214)768-2626
06/28/2013Response to Petition  Response to Petition for Review. On behalf of The Dow Chemical Company.  (HARD COPIES REC'D)
06/24/2014Letter Filed  Response waiver to Petitioner's Motion for Rehearing. On behalf of respondent, The Dow Chemical Company.
06/24/2014Case forwarded to Court 
06/18/2015Mandate issued  Mandate & Cost Bill Issued
06/18/2014Motion for Rehearing  Motion for Rehearing filed on behalf of Magdalena Adrienna Abutahoun, et al.
06/07/2013Supreme Court of Texas Requested Response  Requested response to petition for review due no later than 7/8/13.
05/13/2014Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of Magdalena Abutahoun, et al. has been granted. NO FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE CONSIDERED. Rehearing due June 18, 2014.
05/13/2014Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of Magdalena Abutahoun, et al.
05/08/2015Court approved judgment sent to attorneys of recordIssued
05/08/2015Opinion issuedCourt of Appeals' judgment affirmed The Court affirms the court of appeals' judgment. Justice Green delivered the opinion of the Court.  
(5/8/2015 2:31:56 PM) 13-0175.jmt.pdf, 130175.pdf
05/07/2013Case forwarded to Court 
05/02/2014Petition for Review disposedDenied
05/01/2013Response Waiver filed  Response Waiver filed on behalf of Dow Chemical Company.
04/24/2013Petition for Review  Petition for Review filed on behalf of Magdalena Adrienna Abutahoun, et al.  (HARD COPIES REC'D)
03/12/2013Motion for Extension of Time to File Petition for Review disposedFiling granted Petition due 04/25/13.
03/12/2013Motion for Extension of Time to File Petition for Review filed  Unopposed Motion for Extension of Time to File Petition for Review filed on behalf of Magdalena Adrienna Abutahoun, et al.
01/29/2014Fully hyperlinked brief filed  Hyperlinked Petitioner's Reply Brief on the Merits originally filed on 1/27/14 filed on behalf of Magdalena Adrienna Abutahoun.
01/27/2014Reply Brief  Petitioner's Reply Brief on the Merits filed on behalf of Magdalena Adrienna Abutahoun.
01/27/2014Amicus Curiae Brief received  Amicus Curiae Brief filed on behalf of Dallas Building Trades Council in support of Petition for Review.
01/21/2014Letter Filed  Letter filed on behalf of The Dow Chemical Company.
01/14/2015Oral argument   Argued on behalf of petitioners by Denyse Finn Clancy; argued on behalf of respondent by Macey Reasoner Stokes
01/13/2015Exhibits in case/cause filed  Petitioners' Oral Argument Exhibits filed on behalf of Magdalena Adrienna Abutahoun, et al.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
07/16/2015Case StoredCase stored.G02 Row 14 G-1
Parties
Party▲▼Party Type▲▼Representative▲▼
Abutahoun, Magdalena AdriennaPetitionerChristine Tamer  
Ms. Denyse Ronan Clancy
Mr. John Lacoste Langdoc
The Dow Chemical CompanyRespondentMr. Stephen G. Tipps
Ms. Amy Pharr Hefley
Mr. David P. Herrick
Mr. Matthew Eagan  
Ms. Macey Reasoner Stokes
Dorsaneo, III, William V.Amicus CuriaeMr. William V. Dorsaneo III
Dallas Building Trades CouncilAmicus CuriaeMichael E. Shelton  
Ms. Erin Marie Gee
Mr. Justin Joseph Presnal
Court of Appeals Information:
Reverse & Render 
395 SW3d 335, 02-08-13 
5th Court of Appeals 
Honorable Douglas S. Lang 
Trial Court Information
160th District Court 
Dallas 
Honorable James R. Jordan 
DC10-07003-H