Supreme Court

Case: 14-0747    
14-0747
09/19/2014
Petition for Review/Cause under Rule 53.1
GLENN HEGAR, IN HIS OFFICIAL CAPACITY AS TEXAS COMPTROLLER, AND KEN PAXTON, IN HIS OFFICIAL CAPACITY AS TEXAS ATTORNEY GENERAL 
TEXAS SMALL TOBACCO COALITION AND GLOBAL TOBACCO, INC. 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
06/17/2016Motion for RehearingRespondent's Motion for Rehearing of Cause filed Motion for Rehearing filed on behalf of Texas Small Tobacco Coalition and Global Tobacco, Inc.
09/09/2015Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter Brief in support of Petitioner’s Petition for Review filed on behalf of the Texas Medical Association.
09/08/2015Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Letter Brief of McLane Company, Inc. in support of Petition for Review. Submitted by Gilbert J. Bernal, Jr. of Stahl, Bernal, Davies, Sewell & Chavarria, L.L.P., 7320 N. MoPac, Suite 211, Austin, Texas 78731, (512) 346-5558.
09/04/2015Brief on the MeritsPetitioner Petitioner's Brief on the Merits, filed on behalf of Glenn Hegar, et al.
08/05/2015Brief on the MeritsRespondent Respondents' Brief on the Mertis filed on behalf of Texas Small Tobacco Coalition, et al.
06/19/2015Amicus Curiae Letter Received  Amicus Letter Brief of Texas Taxpayers and Research Association. Submitted by attorney George S. Christian, TTARA's General Counsel, of Austin, Texas.
05/27/2015Brief on the MeritsPetitioner Petitioners' Brief on the Merits filed on behalf of Glenn Hegar, et al.
02/26/2015Amicus Curiae Brief receivedAmicus Curiae Amicus Brief in Support of Petitioners filed on behalf of the State of Indiana, et al., by Thomas Fisher, Solicitor General of Indiana.
02/19/2015Reply to ResponsePetitioner Petitioner's Reply in Support of Petition for Review filed on behalf of Glenn Hegar, et al.
02/04/2015Response to PetitionRespondent Response to Petition for Review filed on behalf of  Texas Small Tobacco Coalition and Global Tobacco, Inc.
12/23/2014Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief of McLane Company, Inc. submitted by Gilbert J. Bernal, Jr., State Bar No. 02208700, gbernal@sbaustinlaw.com, STAHL, BERNAL, DAVIES, SEWELL & CHAVARRIA, L.L.P., 7320 N. MoPac, Suite 211, Austin, Texas 78731, (512) 346-5558.
10/29/2014Petition for ReviewPetitioner Petition for Review filed on behalf of Susan Combs, et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/31/2014Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Requested Response to Petition for Review filed on behalf of Texas Small Tobacco Coalition and Global Tobacco, Inc. has been granted for 30 days. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED. Response due February 4, 2015.
12/31/2014Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Requested Response to Petition for Review filed on behalf of Texas Small Tobacco Coalition and Global Tobacco, Inc.
12/23/2014Amicus Curiae Brief received  Amicus Brief of McLane Company, Inc. submitted by Gilbert J. Bernal, Jr., State Bar No. 02208700, gbernal@sbaustinlaw.com, STAHL, BERNAL, DAVIES, SEWELL & CHAVARRIA, L.L.P., 7320 N. MoPac, Suite 211, Austin, Texas 78731, (512) 346-5558.
12/08/2015Oral argument   Argued on behalf of petitioners by Joseph D. Hughes; Argued on behalf of respondents by Craig T. Enoch
12/05/2014Supreme Court of Texas Requested Response  Requested response to petition for review due no later than January 5, 2015.
11/18/2015Oral Argument Submission Form from Attorney received  Oral Argument Submission Form, filed on behalf of Texas Small Tobacco Coalition and Global Tobacco, Inc. Oral Argument will be presented by Craig Enoch, of Enoch Kever PLLC.
11/04/2014Case forwarded to Court 
11/03/2014Response Waiver filed  Response Waiver filed on behalf of Texas Small Tobacco Coalition and Global Tobacco, Inc.
10/29/2014Petition for Review  Petition for Review filed on behalf of Susan Combs, et al.
10/12/2015Oral Argument Submission Form from Attorney received  Oral Argument Submission form, filed on behalf of Glenn Hegar and Ken Paxton. Oral Argument will be presented by Joseph D. Hughes of the Texas Attorney General's Office.
10/09/2015Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., December 8, 2015.  Time allotted to argue: 20/20 minutes
10/09/2015Petition for Review disposedFiling granted
10/09/2015Petition for Review granted 
09/27/2016Notice from Counsel of a change in address  Change of Address for Enoch Kever PLLC: ENOCH KEVER PLLC, BridgePoint Plaza, 5918 W. Courtyard Dr., Suite 500, Austin, Texas 78730, 512.615.1200 / 512.615.1198 (fax).
09/23/2016Mandate issued  Mandate & Cost Bill Issued
09/23/2016Motion for Rehearing - DisposedDenied
09/19/2014Motion for Extension of Time to File Petition for Review disposedFiling granted Unopposed Motion for Extension of Time to file Petition for Review is Granted. Petition for Review is due October 29, 2014.
09/19/2014Motion 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 Susan Combs, et al.
09/09/2015Amicus Curiae Letter Received  Amicus Curiae Letter Brief in support of Petitioner’s Petition for Review filed on behalf of the Texas Medical Association.
09/08/2015Amicus Curiae Letter Received  Amicus Letter Brief of McLane Company, Inc. in support of Petition for Review. Submitted by Gilbert J. Bernal, Jr. of Stahl, Bernal, Davies, Sewell & Chavarria, L.L.P., 7320 N. MoPac, Suite 211, Austin, Texas 78731, (512) 346-5558.
09/04/2015Brief on the Merits  Petitioner's Brief on the Merits, filed on behalf of Glenn Hegar, et al.
08/18/2015Motion for Extension of Time disposed.Filing granted
08/17/2015Motion 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 Glen Hegar, et al.
08/05/2015Brief on the Merits  Respondents' Brief on the Mertis filed on behalf of Texas Small Tobacco Coalition, et al.
07/14/2015Motion for Extension of Time disposed.Filing granted Second Unopposed Motion for Extension of Time to file Respondent's Brief on the Merits is Granted. No further extensions of time will be considered. Respondent's brief is due August 5, 2015; and Reply brief is due August 20, 2015.
07/14/2015Motion for Extension of Time to File Brief filed  Second Unopposed Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of Texas Small Tobacco Coalition, et al.
06/19/2015Amicus Curiae Letter Received  Amicus Letter Brief of Texas Taxpayers and Research Association. Submitted by attorney George S. Christian, TTARA's General Counsel, of Austin, Texas.
06/17/2016Case forwarded to Court 
06/17/2016Motion for Rehearing  Motion for Rehearing filed on behalf of Texas Small Tobacco Coalition and Global Tobacco, Inc.
06/12/2015Letter Filed  Letter from Respondents Texas Small Tobacco Coalition and Global Tobacco requesting a copy of the Appellate Record.
06/11/2015Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Response Brief on the Merits is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Resps' Brief is due July 16, 2015; Pets' Reply Brief is due July 31, 2015.
06/11/2015Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Response Brief on the Merits. On behalf of Texas Small Tobacco Coalition and Global Tobacco, Inc.
05/27/2015Brief on the Merits  Petitioners' Brief on the Merits filed on behalf of Glenn Hegar, et al.
05/18/2016Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Second Motion for Extension of Time to file Motion for Rehearing is granted. NO FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE CONSIDERED. Motion for Rehearing is due June 17, 2016.
05/18/2016Motion for Extension of Time to File Motion for Rehearing  Unopposed Second Motion for Extension of Time to file Motion for Rehearing filed on behalf of Texas Small Tobacco Coalition and Global Tobacco, Inc
05/05/2015Motion for Extension of Time disposed.Filing granted Unopposed Second Motion for Extension of Time to file Petitioners' Brief on the Merits filed on behalf of Glenn Hegar, et al. has been granted. NO FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE CONSIDERED. Petitioners' Brief is due May 27, 2015; Respondents' Brief is due June 16, 2015; Reply Brief is due July 1, 2015.
05/05/2015Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Petitioners' Brief on the Merits filed on behalf of Glenn Hegar, et al.
04/18/2016Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Motion for Extension of Time to file Motion for Rehearing is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Motion for Rehearing is due May 18, 2016.
04/18/2016Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of respondents Texas Small Tobacco Coalition and Global Tobacco, Inc.
04/01/2016Court approved judgment sent to attorneys of recordIssued
04/01/2016Opinion issuedCourt of Appeals' judgment reversed; remanded to Court of Appeals The Court reverses the court of appeals' judgment and remands the case to that court. Justice Willett delivered the opinion of the Court.
(4/1/2016 4:38:56 PM) 14-0747.jmt.pdf, 140747.pdf
03/31/2015Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Petitioners brief on the Merits filed on behalf of Glenn Hegar, et al. has been granted. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED. Petitioners brief due May 13, 2015; Respondents brief due June 2, 2015; Reply brief due June 17, 2015.
03/30/2015Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Petitioners brief on the Merits filed on behalf of Glenn Hegar, et al.
03/16/2015Case Record Filed   Electronic Appellate Record received.
03/13/2015Record Requested in Case  Record requested from the 3rd COA
03/13/2015Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than April 13, 2015; Response brief due May 4, 2015; Reply brief due May 19, 2015.  
02/26/2015Amicus Curiae Brief received  Amicus Brief in Support of Petitioners filed on behalf of the State of Indiana, et al., by Thomas Fisher, Solicitor General of Indiana.
02/20/2015Pro hac vice motion disposedFiling granted Motion in Support of Motion of Attorney Thomas M. Fisher for Admission Pro Hac Vice filed on behalf of Joseph D. Hughes is GRANTED.
02/20/2015Pro hac vice motion disposedFiling granted Unopposed Motion of Nonresident Attorney Thomas M. Fisher for Admission Pro Hac Vice on behalf of Amici Curiae Indiana and Other States is GRANTED.
02/20/2015Pro hac vice motion filed  Motion in Support of Motion of Attorney Thomas M. Fisher for Admission Pro Hac Vice filed on behalf of Joseph D. Hughes.
02/19/2015Reply to Response  Petitioner's Reply in Support of Petition for Review filed on behalf of Glenn Hegar, et al.
02/19/2015Call received  Spoke with Mr. Fisher's legal assistant and explained the corrections that needs to be made in the motion pro hac vice. Also, notified them that they need a motion in support. She said that they know about the motion in support and it should be filed soon.
02/19/2015Pro hac vice motion filed  Unopposed Motion of Nonresident Attorney Thomas M. Fisher for Admission Pro Hac Vice. On behalf of Amici Curiae Indiana and Other States.
02/12/2015Designation of Lead Counsel   Petitioners designate Solicitor General Scott Keller as lead counsel.
02/04/2015Response to Petition  Response to Petition for Review filed on behalf of  Texas Small Tobacco Coalition and Global Tobacco, Inc.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
09/23/2016Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Texas Taxpayers and Research AssociationAmicus CuriaeMr. George S. Christian
Texas Small Tobacco CoalitionRespondentMs. Melissa A. Lorber
Ms. Amy L. Prueger
Mr. Craig T. Enoch
Ms. Shelby L. O'Brien  
McLane Company, Inc.Amicus CuriaeMr. Gilbert J. Bernal Jr.
Global Tobacco, Inc.RespondentMs. Melissa A. Lorber
Ms. Amy L. Prueger
Mr. Craig T. Enoch
Ms. Shelby L. O'Brien  
State of IndianaAmicus CuriaeThomas M. Fisher
Texas Medical AssociationAmicus CuriaeMr. Donald P. Wilcox
Hegar, Glenn PetitionerMr. Jonathan F. Mitchell
Ms. Erika M. Kane
Mr. Scott A. Keller
Mr. Daniel T. Hodge
Mr. Joseph David Hughes
Mr. Gregory Abbott
Paxton, Ken PetitionerMr. Daniel T. Hodge
Mr. Scott A. Keller
Mr. Joseph David Hughes
Mr. Jonathan F. Mitchell
Ms. Erika M. Kane
Mr. Gregory Abbott
Indiana and Other StatesAmicus CuriaeThomas M. Fisher
Court of Appeals Information:
Affirmed  
440 SW3d 304, 08-15-14 
3rd Court of Appeals 
Honorable David E. Puryear 
Trial Court Information
98th District Court 
Travis 
Honorable Stephen Yelenosky 
D-1-GN-13-002414