Supreme Court

Case: 14-0465    
14-0465
06/11/2014
U.S. Certified Question accepted by Supreme Court
MCGINNES INDUSTRIAL MAINTENANCE CORPORATION 
THE PHOENIX INSURANCE COMPANY AND THE TRAVELERS INDEMNITY COMPANY 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
01/15/2016Reply to Response to Motion for Rehearing filedAppellee's motion for rehearing of a cause filed Reply to Response to Motion for Rehearing filed on behalf of Phoenix Insurance Company, et al.
01/12/2016Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter in opposition to the motion for rehearing, filed on behalf of the Superfund Settlements Project. Submitted by Allyson N. Ho of Morgan, Lewis and Bockius LLP.
01/04/2016Response to Motion for RehearingAppellant in case Response to Motion for Rehearing, filed on behalf of McGinnes Industrial Maintenance Corportation.
08/28/2015Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief filed on behalf of the Insurance Council of Texas.
08/14/2015Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief filed on behalf of The Complex Insurance Claims Litigation Association and American Insurance Association.
08/12/2015Motion for RehearingAppellee's motion for rehearing of a cause filed Motion for Rehearing filed on behalf of Phoenix Insurance Company, et al.
01/14/2015Exhibits in case/cause filedAppellant in case Appellant's Oral Argument Exhbits filed on behalf of McGinnes Industrial Maintance Corporation.
01/12/2015Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter filed on behalf of Texas Chemical Council.
01/07/2015Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief of Texas Association of Manufacturers submitted by Christina T. Wisdom, WISDOM LAW, PLLC,  Texas Bar No. 24044001, P.O. Box 303218, Austin, Texas 78703.
12/19/2014Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief filed on behalf of The Superfund Settlements Project.
12/01/2014Reply BriefAppellant in case Appellant's Reply Brief on the Merits filed on behalf of McGinnes Industrial Maintenance Corporation.
10/14/2014Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief of Complex Insurance Claims Litigation Association submitted by Wade C. Crosnoe, State Bar No. 00783903, THOMPSON, COE, COUSINS & IRONS LLP
701 Brazos, Suite 1500, Austin, Texas 78701, Telephone: (512) 703-5078.
10/13/2014Brief on the MeritsAppellee in case Appellee's Brief on the Merits filed on behalf of The Phoenix Insurance Company.
08/22/2014Brief on the MeritsAppellant in case Appellant's Brief on the Merits filed on behalf of McGinnes Industrial Maintenance Corporation
06/11/2014Certified Question filedU. S. Certified Question Certified Question filed by the Fifth Court of Appeals on behalf of McGinnes Industrial Maintenance Corporation.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/19/2014Amicus Curiae Brief received  Amicus Curiae Brief filed on behalf of The Superfund Settlements Project.
12/18/2015Supreme Court of Texas Requested Response  Requested response to motion for rehearing due no later than January 4, 2016.
12/17/2014Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Russell S. Post (opening) and David M. Gunn (rebuttal) on behalf of McGinnes Industrial Maintenance Corporation.
12/17/2014Oral Argument Submission Form from Attorney received  Oral Argument Submission form filed on behelf of The Phoenix Insurance Company and The Travelers Indemnity Company. Argument will be presented by Kendall M. Gray of Andrews Kurth LP from Houston, Texas.
12/05/2014Case set for oral argumentCase set for oral argument This cause has been set for oral argument at 9:00 a.m., January 15, 2015.  Time allotted to argue:  20/20 minutes
12/01/2014Reply Brief  Appellant's Reply Brief on the Merits filed on behalf of McGinnes Industrial Maintenance Corporation.
11/05/2014Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Appellant' s Reply brief filed on behalf of McGinnes Industrial Maintenance Corporation has been granted. Further requests for extensions of time will be disfavored. Reply brief due December 1, 2014.
10/27/2014Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Appellant' s Reply brief filed on behalf of McGinnes Industrial Maintenance Corporation.
10/14/2014Amicus Curiae Brief received  Amicus Brief of Complex Insurance Claims Litigation Association submitted by Wade C. Crosnoe, State Bar No. 00783903, THOMPSON, COE, COUSINS & IRONS LLP
701 Brazos, Suite 1500, Austin, Texas 78701, Telephone: (512) 703-5078.
10/14/2014Pro hac vice motion disposedFiling granted Motion in Support of the Unopposed Sworn Motion for Admission Pro Hac Vice of Laura A. Foggan is granted.
10/14/2014Pro hac vice motion filed  Unopposed Sworn Motion of Wade Crosnoe in Support of the Unopposed Sworn Motion for Admission Pro Hac Vice of Laura A. Foggan.
10/14/2014Pro hac vice motion disposedFiling granted Motion for Admission of Laura A. Foggan is granted.
10/14/2014Pro hac vice motion filed  Unopposed Sworn Motion for Admission Pro Hac Vice of Laura A. Foggan.
10/13/2014Brief on the Merits  Appellee's Brief on the Merits filed on behalf of The Phoenix Insurance Company.
09/08/2014Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Brief on the Merits is Granted. Further requests for extensions of time will be disfavored. Appellee's brief is due October 13, 2014; and Reply brief is due October 28, 2014.
09/08/2014Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Brief on the Merits filed on behalf of The Phoenix Insurance Company, et al.
08/28/2015Amicus Curiae Brief received  Amicus Curiae Brief filed on behalf of the Insurance Council of Texas.
08/26/2014Pro hac vice motion disposedFiling granted Motion of Resident Counsel, David Gunn, in Support of Motion of Non-Resident Counsel for Admission to Practice Pro Hac Vice is granted
08/26/2014Pro hac vice motion disposedFiling granted Motion of Non-Resident Counsel, Jodi D. Spencer Johnson, for Admission to Practice Pro Hac Vice is granted
08/26/2014Pro hac vice motion filed  Unopposed Motion of Resident Counsel, David Gunn, in Support of Motion of Non-Resident Counsel for Admission to Practice Pro Hac Vice. On behalf of McGinnes Industrial Maintenance Corp.
08/26/2014Pro hac vice motion filed  Unopposed Motion of Non-Resident Counsel, Jodi D. Spencer Johnson, for Admission to Practice Pro Hac Vice. On behalf of McGinnes Industrial Maintenance Corp.
08/26/2014Call received  spoke with Irma from David Gunn's office. She said that they probably will file the motions pro hac vice tonight or tomorrow morning. The BLE sent them the acknowledgement letter but the attorney name is incorrect. They are waiting for the BLE to resend the letter as corrected.
08/26/2014Phone call from Clerk's Office  Call made to Attorney, David M. Gunn, to inform him that a pro hac vice motion would need to be filed for the out of state attorney listed on the brief on the merits. His office advised that the motions would be submitted today, along with the filing fee.  
08/22/2014Brief on the Merits  Appellant's Brief on the Merits filed on behalf of McGinnes Industrial Maintenance Corporation
08/14/2015Amicus Curiae Brief received  Amicus Curiae Brief filed on behalf of The Complex Insurance Claims Litigation Association and American Insurance Association.
08/12/2015Case forwarded to Court 
08/12/2015Motion for Rehearing  Motion for Rehearing filed on behalf of Phoenix Insurance Company, et al.
07/22/2014Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Appellant's Brief on the Merits is Granted. Further requests for extensions of time will be disfavored. Appellant's brief is due August 22, 2014; Appellee's brief is due September 11, 2014; and Reply brief is due September 26, 2014.
07/22/2014Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Appellant's Brief on the Merits filed on behalf of McGinnes Industrial Maintenance Corporation.
07/09/2014Phone call from Clerk's Office  Left voice mail message with Mr. George inquiring about the $85.00 filing fee.
07/06/2015Motion 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 Appellees Phoenix Insurance Company, et al. has been granted. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED. Motion for rehearing is due August 12, 2015.
07/06/2015Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of Appellees Phoenix Insurance Company, et al.
06/26/2015Dissenting opinion issued.Issued Justice Boyd delivered a dissenting opinion, in which Justice Johnson, Justice Guzman, and Justice Lehrmann joined.
06/26/2015Opinion issuedCertified question answered by the Court The Court answers the question certified by the United States Court of Appeals for the Fifth Circuit. Chief Justice Hecht delivered the opinion of the Court, in which Justice Green, Justice Willett, Justice Devine, and Justice Brown joined.  
(6/26/2015 2:53:28 PM) 140465d.pdf, 140465.pdf
06/23/2014Brief on the Merits Ordered  Brief on the merits requested: Appellant brief due no later than 7/23/14; Appellee brief due 8/12/14; Reply brief due 8/27/14.
06/23/2014Certified Question accepted 
06/23/2014Certified Question disposedCertified Question accepted [Note: The date and time for oral argument are yet to be determined.]
06/11/2014Notice requesting filing fee  Fee request sent to both parties for the Certified Question.
06/11/2014Case Record Filed   Certification Question Record.
06/11/2014Certified Question filed  Certified Question filed by the Fifth Court of Appeals on behalf of McGinnes Industrial Maintenance Corporation.
01/27/2015Pro hac vice motion disposedFiling granted Unopposed Motion of Resident Counsel in Support of Motion of Non-Resident Counsel Michael Ward Steinberg for Admission to Practice Pro Hac Vice is granted.
01/27/2015Pro hac vice motion disposedFiling granted Unopposed Sworn Motion for Admission Pro Hac Vice of Michael Ward Steinberg is granted.
01/26/2015Pro hac vice motion filed  Unopposed Motion of Resident Counsel in Support of Motion of Non-Resident Counsel Michael Ward Steinberg for Admission to Practice Pro Hac Vice. On behalf of Amicus Curiae The Superfund Settlements Project.
01/26/2015Pro hac vice motion filed  Unopposed Sworn Motion for Admission Pro Hac Vice of Michael Ward Steinberg. On behalf of Amicus Curiae The Superfund Settlements Project.
01/22/2016Case Stored  e-stored
01/22/2016Motion for Rehearing - DisposedDenied
01/15/2016Reply to Response to Motion for Rehearing filed  Reply to Response to Motion for Rehearing filed on behalf of Phoenix Insurance Company, et al.
01/15/2015Oral argument   Argued on behalf of Appellant by Russell S. Post and David M. Gunn; Argued on behalf of Appellees by Kendall M. Gray
01/14/2015Pro hac vice motion disposedFiling granted Unopposed Sworn Motion for Admission Pro Hac Vice of Daniel Ezra Chefitz on behalf of The Superfund Settements Project granted
01/14/2015Pro hac vice motion disposedFiling granted Unopposed Motion of Resident Counsel in Support of Motion of Non-Resident Counsel for Admission to Practice Pro Hac Vice of Daniel Ezra Chefitz on behalf of The Superfund Settlements Project granted
01/14/2015Exhibits in case/cause filed  Appellant's Oral Argument Exhbits filed on behalf of McGinnes Industrial Maintance Corporation.
01/13/2015Phone call from Clerk's Office  Call made to Wayne Maydwell, on behalf of The Superfund Settlements Project, regarding Unopposed Sworn Motion for Admission Pro Hac Vice of Daniel Ezra Chefitz.  Motion original efiled under MDL efiilng code.  Informed Mr. Maydwell that a refund of $50 will be refunded.  Mr. Maydwell to resubmit motion under correct filing code.
01/13/2015Pro hac vice motion filed  Unopposed Sworn Motion for Admission Pro Hac Vice of Daniel Ezra Chefitz on behalf of The Superfund Settements Project
01/13/2015Pro hac vice motion filed  Unopposed Motion of Resident Counsel in Support of Motion of Non-Resident Counsel for Admission to Practice Pro Hac Vice of Daniel Ezra Chefitz on behalf of The Superfund Settlements Project
01/12/2016Amicus Curiae Letter Received  Amicus Curiae Letter in opposition to the motion for rehearing, filed on behalf of the Superfund Settlements Project. Submitted by Allyson N. Ho of Morgan, Lewis and Bockius LLP.
01/12/2015Amicus Curiae Letter Received  Amicus Curiae Letter filed on behalf of Texas Chemical Council.
01/07/2015Amicus Curiae Brief received  Amicus Brief of Texas Association of Manufacturers submitted by Christina T. Wisdom, WISDOM LAW, PLLC,  Texas Bar No. 24044001, P.O. Box 303218, Austin, Texas 78703.
01/06/2015Pro hac vice motion disposedFiling granted Unopposed Motion for Admission Pro Hac Vice of Gerald Patrick Konkel on behalf of The Superfund Settlements Project GRANTED.
01/06/2015Pro hac vice motion disposedFiling granted Unopposed Motion for Admission Pro Hac Vice of Gerald Patrick Konkel on behalf of The Superfund Settlements Project GRANTED.
01/06/2015Pro hac vice motion filed  Motion in Support of Unopposed Motion for Admission Pro Hac Vice of Gerald Patrick Konkel on behalf of The Superfund Settlements Project.
01/06/2015Pro hac vice motion filed  Unopposed Motion for Admission Pro Hac Vice of Gerald Patrick Konkel on behalf of The Superfund Settlements Project.
01/04/2016Response to Motion for Rehearing  Response to Motion for Rehearing, filed on behalf of McGinnes Industrial Maintenance Corportation.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
01/22/2016Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Texas Chemical CouncilAmicus CuriaeMartha Landwehr
The Superfund Settlements ProjectAmicus CuriaeW. Brad Nes
Michael Ward Steinberg
Gerald Patrick Konkel
Daniel Ezra Chefitz
Phoenix Insurance CompanyAppelleeCourtney Elizabeth Ervin
Shaprecia Bryson
J. Wiley George
Mr. Kendall Matthew Gray
Travelers Indemnity CompanyAppelleeJ. Wiley George
Mr. Kendall Matthew Gray
Superfund Settlements ProjectAmicus CuriaeMs. Allyson N. Ho
American Insurance Association Amicus CuriaeMr. Wade Crosnoe
McGinnes Industrial Maintenance CorporationAppellantJodi D. Spencer Johnson
Charles Flores
Mr. Donald Hamilton Kidd
Mr. William Robert Peterson
Mr. David Gunn
Mr. Russell S. Post
Texas Association of ManufacturersAmicus CuriaeMs. Christina T. Wisdom  
The Insurance Council of TexasAmicus CuriaeMr. Jay Thompson
The Complex Insurance Claims Litigation AssociationAmicus CuriaeMr. Wade Crosnoe
Court of Appeals Information:
 
 
 
 
Trial Court Information