Supreme Court

Case: 13-0961    
13-0961
12/03/2013
Petition for Review/Cause under Rule 53.1
OCCIDENTAL CHEMICAL CORPORATION 
JASON JENKINS 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
12/14/2015Response to Brief filedPetitioner Petitioner's Response to Post Submission Brief, filed on behalf of Occidental Chemical Corporation.
11/20/2015Post submission brief filedRespondent Post-Submission Letter Brief filed on behalf of Jason Jenkins.
09/02/2015Exhibits in case/cause filedRespondent Oral Argument Exhibits filed on behalf of Jason Jenkins.
08/31/2015Supplemental Letter BriefPetitioner Response to Supplemental Letter Brief filed on  behalf of Occidental Chemical Corporation.
08/25/2015Supplemental Letter BriefRespondent Supplemental Letter Brief filed on behalf of Jason Jenkins.
05/08/2015Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief in support of Petitioner Occidental Chemical Corporation filed on behalf of Pacific Legal Foundation.
02/13/2015Amicus Curiae Brief receivedAmicus Curiae Amicus Curiae Brief filed on behalf of The Chamber of Commerce of the United States of America, The National Association of Manufacturers, and The American Chemistry Council. Submitted by Richard Smith of Lynn Tillotson Pinker & Cox, LLP of Dallas, Texas.
02/12/2015Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter filed on behalf of The Texas Civil Justice League.
02/10/2015Reply BriefPetitioner Petitioner's Reply Brief on the Merits filed on behalf of Occidental Chemical Corporation.
11/26/2014Brief on the MeritsRespondent Respondent Jason Jenkins' Brief on the Merits
09/05/2014Brief on the MeritsPetitioner Brief on the merits filed on behalf of Occidental Chemical Corporation
04/24/2014Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter filed on behalf of National Association of Manufacturers, et al.
04/23/2014Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Letter Brief of Texas Civil Justice League. Submitted by George S. Christian of Austin Texas.
04/22/2014Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Brief of the Chamber of Commerce of the United States of America (the “U.S. Chamber”) and the American Chemistry Council (“ACC”). Submitted by Richard A. Smith of Lynn, Tillotson, Pinker & Cox, LLP, 2100 Ross Ave., Suite 2700, Dallas, TX, 75201.
04/22/2014Reply to ResponsePetitioner Reply in support of Petition for Review filed on behalf of Occidental Chemical Corp.
04/21/2014Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Letter of Texas Chemical Council (TCC). Submitted by General Counsel of TCC, Martha K. Landwehr, 1402 Nueces St., Austin, Texas 78701.
04/07/2014Response to PetitionRespondent Response to Petition for Review filed on behalf of Jason Jenkins.
01/06/2014Petition for ReviewPetitioner Petition for Review filed on behalf of Occidental Chemical Corporation.  (HARD COPIES REC'D)
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/14/2015Response to Brief filed  Petitioner's Response to Post Submission Brief, filed on behalf of Occidental Chemical Corporation.
12/10/2014Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Occidental Chemical Corporation has been granted. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply brief due January 12, 2014.
12/05/2014Motion 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 Occidental Chemical Corporation.
12/04/2013Motion for Extension of Time to File Petition for Review disposedFiling granted Petition due 01/06/14.
12/03/2013Motion 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 Occidental Chemical Corporation.
11/26/2014Brief on the Merits  Respondent Jason Jenkins' Brief on the Merits
11/20/2015Post submission brief filed  Post-Submission Letter Brief filed on behalf of Jason Jenkins.
10/27/2014Motion for Extension of Time disposed.Filing granted Unopposed Second Motion for Extension of Time to file Respondet's Brief on the Merits filed on behalf of Jason Jenkins has been granted. NO FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE CONSIDERED. Respondent's Brief due November 26, 2014; Reply Brief due December 11, 2014.
10/27/2014Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Respondet's Brief on the Merits filed on behalf of Jason Jenkins.
09/25/2014Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Respondet's Brief on the Merits filed on behalf of Jason Jenkins has been granted. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED. Respondent's brief is due October 27, 2014; Reply brief due November 12, 2014.
09/25/2014Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Respondet's Brief on the Merits filed on behalf of Jason Jenkins.
09/25/2014Designation of Lead Counsel   Notice of appearance of additional counsel and designation of lead counsel
09/05/2014Brief on the Merits  Brief on the merits filed on behalf of Occidental Chemical Corporation
09/03/2015Oral argument   Argued on behalf of petitioner by Deborah G. Hankinson; Argued on behalf of respondent by Russell S. Post
09/02/2015Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of Jason Jenkins.
08/31/2015Supplemental Letter Brief  Response to Supplemental Letter Brief filed on  behalf of Occidental Chemical Corporation.
08/25/2015Supplemental Letter Brief  Supplemental Letter Brief filed on behalf of Jason Jenkins.
08/11/2014Motion to withdraw disposed ofFiling granted Motion to Withdraw Thomas C. Kirby as pro hac vice for National Association of Manufactures, et al. granted
08/05/2015Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Russell S. Post of Beck Redden LLP on behalf of Jason Jenkins.
07/31/2014Motion for Extension of Time disposed.Filing granted Second motion to extension of time to file Petitioner's Brief is granted. No further extensions of time for this filing will be considered. Pet's Brief due September 5, 2014; Resp's Brief due September 25, 2014; Pet's Reply Brief due October 10, 2014.
07/31/2014Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Petitioner's Brief on the Merits. On behalf of Occidental Chemical Corporation
07/25/2014Motion to Withdraw Filed  Motion for Withdrawal from Representation of Thomas C. Kirby for amicus National Association of Manufacturers.
07/15/2015Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Deborah G. Hankinson of Hankinson LLP on behalf of Occidental Chemical Corporation.
07/03/2015Case set for oral argumentCase set for oral argument This cause has been set for oral argument at 9:00 a.m., September 3, 2015.  Time allotted to argue:  20/20 minutes
07/02/2014Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Petitioner's Brief on the Merits is Granted. Further requests for extensions of time will be disfavored. Petitioner's brief is due August 6, 2014; Respondent's brief is due August 26, 2014; and Reply brief is due September 10, 2014.
07/02/2014Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Occidental Chemical Corporation.
06/17/2014Case Record Filed   Electronic Appellate Record received.
06/12/2014Record Requested in Case  Record requested from the 1st COA
06/06/2014Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief on the merits due no later than 7/7/14; Response brief due 7/28/14; Reply brief due 8/12/14.
05/08/2015Amicus Curiae Brief received  Amicus Curiae Brief in support of Petitioner Occidental Chemical Corporation filed on behalf of Pacific Legal Foundation.
04/25/2014Pro hac vice motion disposedFiling granted Motion in Support of Motion for Admission Pro Hac Vice of Thomas C. Kirby is granted.
04/25/2014Pro hac vice motion disposedFiling granted Motion for Admission Pro Hac Vice of Thomas C. Kirby is granted.
04/24/2014Amicus Curiae Letter Received  Amicus Curiae Letter filed on behalf of National Association of Manufacturers, et al.
04/23/2014Amicus Curiae Letter Received  Amicus Letter Brief of Texas Civil Justice League. Submitted by George S. Christian of Austin Texas.
04/23/2014Certification (various) in case received  Certificate of Conference to Motion Pro Hac Vice of Thomas C. Kirby and Motion in support of Kirby's Motion Pro Hac Vice. On behalf of National Association of Manufacturers, et al.
04/22/2014Amicus Curiae Letter Received  Amicus Brief of the Chamber of Commerce of the United States of America (the “U.S. Chamber”) and the American Chemistry Council (“ACC”). Submitted by Richard A. Smith of Lynn, Tillotson, Pinker & Cox, LLP, 2100 Ross Ave., Suite 2700, Dallas, TX, 75201.
04/22/2014Reply to Response  Reply in support of Petition for Review filed on behalf of Occidental Chemical Corp.
04/21/2014Call received  Spoke with Mr. Kirby.  Requested certificate of conference for Motions for Pro Hac Vice.
04/21/2014Amicus Curiae Letter Received  Amicus Letter of Texas Chemical Council (TCC). Submitted by General Counsel of TCC, Martha K. Landwehr, 1402 Nueces St., Austin, Texas 78701.
04/18/2014Pro hac vice motion filed  Motion in Support of Motion to Appear Pro Hac Vice of Thomas Kirby filed on behalf of the National Association of Manufacturers.
04/18/2014Pro hac vice motion filed  Motion for Admission Pro Hac Vice of Thomas C. Kirby on behalf of the National Association of Manufacturers, et al.
04/08/2014Case forwarded to Court 
04/07/2014Response to Petition  Response to Petition for Review filed on behalf of Jason Jenkins.
03/13/2015Petition for Review disposedFiling granted [Note: The date and time for oral argument is yet to be determined.]
03/13/2015Petition for Review granted 
03/06/2014Designation of Lead Counsel   Notice of Lead Counsel for Petitioner: Deborah Hankinson, 750 North St. Paul Street, Suite 1800 | Dallas, TX 75201 | T 214 754 9190.
03/05/2014Motion for Extension of Time to File Response disposedFiling granted Second Unopposed Motion for Extension of Time to file Response to Petition for Review is Granted. No further extensions of time will be considered. Response is due April 7, 2014.
03/05/2014Motion for Extension of Time to File Response  Second Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Jason Jenkins.
02/18/2016Mandate issued  Madate & Cost Bill Issued
02/13/2015Amicus Curiae Brief received  Amicus Curiae Brief filed on behalf of The Chamber of Commerce of the United States of America, The National Association of Manufacturers, and The American Chemistry Council. Submitted by Richard Smith of Lynn Tillotson Pinker & Cox, LLP of Dallas, Texas.
02/12/2015Amicus Curiae Letter Received  Amicus Curiae Letter filed on behalf of The Texas Civil Justice League.
02/10/2015Reply Brief  Petitioner's Reply Brief on the Merits filed on behalf of Occidental Chemical Corporation.
02/06/2014Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time is granted.  Response is due March 7, 2014.  FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
02/06/2014Call received  From petitioner's attorney stating that they are NOT OPPOSED to respondent's motion for extension of time to file response to pet/rev.
02/06/2014Electronic communication sent to Party  Messaged Mr. Clinton.  Requested whether motion for extension is opposed or unopposed, and if a response will be filed.
02/05/2014Motion for Extension of Time to File Response  Motion for Extension of Time to file Response filed on behalf of Jason Jenkins.
01/08/2016Court approved judgment sent to attorneys of recordIssued
01/08/2016Opinion issuedCourt of Appeals' judgment reversed & judgment rendered The Court reverses the court of appeals' judgment and renders judgment. Justice Devine delivered the opinion of the Court.
(1/8/2016 3:16:18 PM) 130961.pdf, 13-0961.jmt.pdf
01/08/2015Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Reply Brief on the Merits is Granted; Reply Brief is due February 11, 2015. NO FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE CONSIDERED.
01/07/2015Motion to Extend Time to File Reply filed  Second Unopposed Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Occidental Chemical Corporation.
01/06/2014Petition for Review  Petition for Review filed on behalf of Occidental Chemical Corporation.  (HARD COPIES REC'D)
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
06/03/2016Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Pacific Legal FoundationAmicus CuriaeWencong Fa
Chamber of Commerce of the United States of AmericaAmicus CuriaeMr. Christopher Patton
Mr. Richard A. Smith
Texas Chemical CouncilAmicus CuriaeMartha Landwehr
Occidental Chemical CorporationPetitionerMr. Barry N. Beck
Mr. David W. Lauritzen
Mr. Joseph B. Morris  
Mr. William Richard Thompson II
Mr. Rick Strange
Ms. Deborah G. Hankinson
Jenkins, JasonRespondentMr. Russell S. Post
Mr. David Gunn
Mr. Cory D. Itkin  
Ms. Erin H. Huber
Mr. Wallace B. Jefferson  
Mr. Kurt B. Arnold
Mr. Jason A. Itkin
Mr. Charles Flores
Mr. Douglas Alexander
The American Chemistry CouncilAmicus CuriaeMr. Richard A. Smith
Mr. Christopher Patton
National Association of ManufacturersAmicus CuriaeMr. Richard A. Smith
Mr. Christopher Patton
Texas Civil Justice LeagueAmicus CuriaeMr. George S. Christian
Court of Appeals Information:
Reverse & Remand 
415 SW3d 14, 07-02-13 
1st Court of Appeals 
Honorable Harvey G. Brown 
Trial Court Information
295th District Court 
Harris 
Honorable Caroline E. Baker 
0773468