| Date▲▼ | Event Type▲▼ | Disposition▲▼ | Remarks | Document |
| 12/19/2014 | Amicus Curiae Brief received | |
Amicus Curiae Brief filed on behalf of The Superfund Settlements Project.
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| 12/18/2015 | Supreme Court of Texas Requested Response | |
Requested response to motion for rehearing due no later than January 4, 2016.
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| 12/17/2014 | Oral 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.
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| 12/17/2014 | Oral 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.
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| 12/05/2014 | Case set for oral argument | Case 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
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| 12/01/2014 | Reply Brief | |
Appellant's Reply Brief on the Merits filed on behalf of McGinnes Industrial Maintenance Corporation.
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| 11/05/2014 | Motion 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.
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| 10/27/2014 | Motion 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.
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| 10/14/2014 | Amicus 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.
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| 10/14/2014 | Pro hac vice motion disposed | Filing granted |
Motion in Support of the Unopposed Sworn Motion for Admission Pro Hac Vice of Laura A. Foggan is granted.
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| 10/14/2014 | Pro 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.
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| 10/14/2014 | Pro hac vice motion disposed | Filing granted |
Motion for Admission of Laura A. Foggan is granted.
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| 10/14/2014 | Pro hac vice motion filed | |
Unopposed Sworn Motion for Admission Pro Hac Vice of Laura A. Foggan.
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| 10/13/2014 | Brief on the Merits | |
Appellee's Brief on the Merits filed on behalf of The Phoenix Insurance Company.
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| 09/08/2014 | Motion 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.
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| 09/08/2014 | Motion 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.
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| 08/28/2015 | Amicus Curiae Brief received | |
Amicus Curiae Brief filed on behalf of the Insurance Council of Texas.
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| 08/26/2014 | Pro hac vice motion disposed | Filing granted |
Motion of Resident Counsel, David Gunn, in Support of Motion of Non-Resident Counsel for Admission to Practice Pro Hac Vice is granted
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| 08/26/2014 | Pro hac vice motion disposed | Filing granted |
Motion of Non-Resident Counsel, Jodi D. Spencer Johnson, for Admission to Practice Pro Hac Vice is granted
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| 08/26/2014 | Pro 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.
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| 08/26/2014 | Pro 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.
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| 08/26/2014 | Call 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.
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| 08/26/2014 | Phone 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.
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| 08/22/2014 | Brief on the Merits | |
Appellant's Brief on the Merits filed on behalf of McGinnes Industrial Maintenance Corporation
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| 08/14/2015 | Amicus Curiae Brief received | |
Amicus Curiae Brief filed on behalf of The Complex Insurance Claims Litigation Association and American Insurance Association.
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| 08/12/2015 | Case forwarded to Court | |
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| 08/12/2015 | Motion for Rehearing | |
Motion for Rehearing filed on behalf of Phoenix Insurance Company, et al.
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| 07/22/2014 | Motion 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.
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| 07/22/2014 | Motion 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.
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| 07/09/2014 | Phone call from Clerk's Office | |
Left voice mail message with Mr. George inquiring about the $85.00 filing fee.
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| 07/06/2015 | Motion for Extension of Time to File Motion for Rehearing disposed | Filing 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.
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| 07/06/2015 | Motion 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.
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| 06/26/2015 | Dissenting opinion issued. | Issued |
Justice Boyd delivered a dissenting opinion, in which Justice Johnson, Justice Guzman, and Justice Lehrmann joined.
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| 06/26/2015 | Opinion issued | Certified 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
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| 06/23/2014 | Brief 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.
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| 06/23/2014 | Certified Question accepted | |
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| 06/23/2014 | Certified Question disposed | Certified Question accepted |
[Note: The date and time for oral argument are yet to be determined.]
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| 06/11/2014 | Notice requesting filing fee | |
Fee request sent to both parties for the Certified Question.
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| 06/11/2014 | Case Record Filed | |
Certification Question Record.
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| 06/11/2014 | Certified Question filed | |
Certified Question filed by the Fifth Court of Appeals on behalf of McGinnes Industrial Maintenance Corporation.
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| 01/27/2015 | Pro hac vice motion disposed | Filing 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.
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| 01/27/2015 | Pro hac vice motion disposed | Filing granted |
Unopposed Sworn Motion for Admission Pro Hac Vice of Michael Ward Steinberg is granted.
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| 01/26/2015 | Pro 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.
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| 01/26/2015 | Pro 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.
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| 01/22/2016 | Case Stored | |
e-stored
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| 01/22/2016 | Motion for Rehearing - Disposed | Denied |
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| 01/15/2016 | Reply to Response to Motion for Rehearing filed | |
Reply to Response to Motion for Rehearing filed on behalf of Phoenix Insurance Company, et al.
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| 01/15/2015 | Oral argument | |
Argued on behalf of Appellant by Russell S. Post and David M. Gunn; Argued on behalf of Appellees by Kendall M. Gray
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| 01/14/2015 | Pro hac vice motion disposed | Filing granted |
Unopposed Sworn Motion for Admission Pro Hac Vice of Daniel Ezra Chefitz on behalf of The Superfund Settements Project granted
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| 01/14/2015 | Pro hac vice motion disposed | Filing 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
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| 01/14/2015 | Exhibits in case/cause filed | |
Appellant's Oral Argument Exhbits filed on behalf of McGinnes Industrial Maintance Corporation.
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| 01/13/2015 | Phone 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.
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| 01/13/2015 | Pro hac vice motion filed | |
Unopposed Sworn Motion for Admission Pro Hac Vice of Daniel Ezra Chefitz on behalf of The Superfund Settements Project
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| 01/13/2015 | Pro 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
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| 01/12/2016 | Amicus 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.
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| 01/12/2015 | Amicus Curiae Letter Received | |
Amicus Curiae Letter filed on behalf of Texas Chemical Council.
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| 01/07/2015 | Amicus 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.
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| 01/06/2015 | Pro hac vice motion disposed | Filing granted |
Unopposed Motion for Admission Pro Hac Vice of Gerald Patrick Konkel on behalf of The Superfund Settlements Project GRANTED.
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| 01/06/2015 | Pro hac vice motion disposed | Filing granted |
Unopposed Motion for Admission Pro Hac Vice of Gerald Patrick Konkel on behalf of The Superfund Settlements Project GRANTED.
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| 01/06/2015 | Pro 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.
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| 01/06/2015 | Pro hac vice motion filed | |
Unopposed Motion for Admission Pro Hac Vice of Gerald Patrick Konkel on behalf of The Superfund Settlements Project.
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| 01/04/2016 | Response to Motion for Rehearing | |
Response to Motion for Rehearing, filed on behalf of McGinnes Industrial Maintenance Corportation.
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