| Date▲▼ | Event Type▲▼ | Disposition▲▼ | Remarks | Document |
| 11/17/2015 | Amicus Curiae Letter Received | |
Amicus Letter Brief, submitted by Reagan Simpson of YetterColeman LLP.
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| 09/26/2016 | Case Stored | |
e-stored
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| 09/23/2016 | Motion for Rehearing - Disposed | Denied with Justice not sitting. |
(Justice Willett not sitting)
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| 09/23/2015 | Oral argument | |
Argued on behalf of appellant by James C. Ho; Argued on behalf of appellee by Russell S. Post (Justice Willett not sitting)
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| 09/22/2015 | Exhibits in case/cause filed | |
Appellee's exhibits for oral argument filed on behalf of Doris Forte, O.D., et al.
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| 09/08/2015 | Reply Brief | |
Reply Brief on the Merits filed on behalf of Wal-Mart Stores, Inc.
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| 08/28/2015 | Amicus Curiae Brief received | |
Amicus Brief of Texas Local Governments, Texas Local-Government Organizations, and Texas Local-Government Officials, submitted by David George of Baker Wotring LLP.
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| 08/25/2015 | Oral Argument Submission Form from Attorney received | |
Oral Argument will be presented by Russell S. Post on behalf of Doris Forte, O.D., et al.
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| 08/25/2015 | Oral Argument Submission Form from Attorney received | |
Oral argument will be presented by James C. Ho, with Gibson, Dunn & Crutcher LLP.
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| 08/17/2015 | Motion 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 September 8, 2015.
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| 08/17/2015 | Motion for Extension of Time to File Brief filed | |
Unopposed Motion for Extension of Time to fie Reply Brief on the Merits filed on behalf of Wal-Mart Stores, Inc.
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| 08/14/2015 | Brief on the Merits | |
Appellees' Brief on the Merits filed on behalf of Doris Forte, O.D., et al.
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| 07/31/2015 | Amicus Curiae Brief received | |
Amicus Brief on the Merits filed on behalf of State of Texas. Submitted by Scott A. Keller.
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| 07/27/2015 | Motion for Extension of Time disposed. | Filing granted |
Second Motion for Extension of Time to file Appellees' Brief on the Merits is granted. Ape's Brief is due August 14, 2015; Ant's Reply Brief is due August 31, 2015. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
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| 07/27/2015 | Motion for Extension of Time to File Brief filed | |
Second Unopposed Motion for Extension of Time to file Brief on the Merits filed on behalf of Doris Forte, O.D.,et al.
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| 07/17/2015 | Amicus Curiae Letter Received | |
Amicus Curiae Letter Brief on behalf of Texans for Lawsuit Reform in support of Appellant Wal-Mart Stores, Incorporated. Submitted by TLR General Counsel, Hugh Rice Kelly of Austin Texas.
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| 07/12/2016 | Amicus Curiae Letter Received | |
Amicus Letter of attorney Mr. Kyle Dingman of Hissey Kientz LLP of Austin, Texas.
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| 07/10/2015 | Case set for oral argument | Case set for oral argument |
This cause has been set for oral argument at 9:00 a.m., September 23, 2015. Time allotted to argue: 20/20 minutes (Justice Willett not sitting)
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| 07/06/2016 | Case forwarded to Court | |
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| 07/06/2016 | Motion for Rehearing | |
Appellees' Motion for Rehearing filed on behalf of Doris Forte, O.D., et al.
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| 06/24/2015 | Amicus Curiae Brief received | |
Amicus Brief filed on behalf of The Chamber of Commerce of the United States and The Texas Association of Business. Submitted by Dale Wainwright of Bracewell & Giuliani LLP, Austin, Texas.
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| 06/23/2015 | Motion for Extension of Time disposed. | Filing granted |
Unopposed Motion for Extension of Time to file Brief on the Merits filed on behalf of Doris Forte, O.D.,et al. is Granted; Appellee's Brief is due July 27, 2015. Reply Brief due August 11, 2015. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED.
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| 06/23/2015 | 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 Doris Forte, O.D.,et al.
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| 06/06/2016 | 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 Doris Forte, O.D., et al. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED. Motion for Rehearing is due July 6, 2016.
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| 06/06/2016 | 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 Doris Forte, O.D., et al.
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| 06/05/2015 | Brief on the Merits | |
Appellants Brief on the Merits filed on behalf of Wal-Mart Stores, Incorporated.
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| 06/03/2016 | Letter sent to parties from Supreme Court - See Remarks | |
Letter sent to parties with revised opinion stating, "Please note the following non-substantive change on Page 5, paragraph 2, line 2, the following was updated:
“The jury awarded the Optometrists $3,953,000 in civil penalties—$1,000 for every day the Optometrists had operated under the leases, the maximum penalty allowed by the Act. The courtjury also awarded the Optometrists $763,854 in attorney fees.”
(6/3/2016 11:31:36 AM) 150146.pdf
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| 05/28/2015 | Call received | |
From the U.S. District Clerk's office for the Fifth District in New Orleans in re: notification of filing the case.
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| 05/20/2016 | Dissenting opinion issued. | Issued |
Justice Boyd delivered a dissenting opinion.
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| 05/20/2016 | 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 Johnson, Justice Guzman, and Justice Brown joined. Justice Boyd delivered a dissenting opinion, in Part I of which Justice Lehrmann and Justice Devine joined. Justice Willett did not participate in the decision.
(5/20/2016 3:56:24 PM) 150146.pdf, 150146d.pdf
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| 05/10/2016 | Motion to withdraw disposed of | Filing granted |
Attorney William R. Peterson's Motion to Withdraw as Counse granted
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| 05/06/2016 | Motion to Withdraw Filed | |
Attorney William R. Peterson's Motion to Withdraw as Counsel filed on behalf of Doris Forte, O.D., et al.
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| 04/03/2015 | Motion for Extension of Time disposed. | Filing granted |
Second Unopposed Motion for Extension of Time to file Appellant's Brief on the Merits is Granted. No further extensions of time will be considered. Appellant's brief is due June 5, 2015; Appellee's brief is due June 25, 2015; and Reply brief is due July 10, 2015.
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| 04/03/2015 | Motion for Extension of Time to File Brief filed | |
Second Unopposed Motion for Extension of Time to file Appellant's Brief on the Merits filed on behalf of Wal-Mart Stores, Inc.
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| 03/30/2015 | Notice received | |
Notice of Appearance and Designation of Lead Counsel and Correction of Caption.
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| 03/23/2015 | 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. Appellant's brief is due May 6, 2015; Appellee's brief is due May 26, 2015; and Reply brief is due June 10, 2015.
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| 03/23/2015 | 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 Wal-Mart Stores, Inc.
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| 03/06/2015 | Brief on the Merits Ordered | |
Brief on the merits requested: Appellant brief due no later than April 6, 2015; Response brief due April 27, 2015; Reply brief due May 12, 2015.
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| 03/06/2015 | Certified Question accepted | |
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| 03/06/2015 | Certified Question disposed | Certified Question accepted |
The date and time for oral argument are yet to be determined.
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| 02/27/2015 | Letter Filed | |
Letter stating that the requested filing fee has been submitted. Filed on behalf of Wal-Mart Stores, Inc.
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| 02/26/2015 | Letter Filed | |
Letter stating that the requested filing fee has been submitted on behalf of Appellees Doris Forte, O.D., et al.
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| 02/24/2015 | Notice requesting filing fee | |
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| 02/23/2015 | Case Record Filed | |
Record filed by the Fifth Circuit Court of Appeals on behalf of WalMart Stores
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| 02/23/2015 | Certified Question filed | |
Certified Question filed by the Fifth Circuit Court of Appeals on behalf of Wal-Mart Stores, Inc.
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