Supreme Court

Case: 17-0462    
17-0462
06/12/2017
Petition for Review/Cause under Rule 53.1
WAUSAU UNDERWRITERS INSURANCE COMPANY 
JAMES WEDEL AND MICHELLE WEDEL 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
07/20/2018Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief received on behalf of National Council on Compensation Insurance.  Submitted by Kimberly A. Yelkin and Robert F. Johnson III with Foley Gardere Foley & Lardner, L.L.P. of Austin, Texas.
06/18/2018Motion for RehearingPetitioner's motion for rehearing of cause filed Motion for Rehearing filed on behalf of Wausau Underwriters Insurance Company.
05/24/2018Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Letter received on behalf of Texas Mutual Insurance Company.
05/21/2018Reply to Amicus Curiae BriefRespondent Reply to Response to Amicus Curiae Letter filed on behalf of James Wedel, et al.
05/18/2018Response to Amicus Curiae Brief filedPetitioner Letter in response to the Amicus Brief of the Texas Trial Lawyers Association filed on behalf of Wausau Underwriters Insurance Company
05/16/2018Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter of Texas Trial Lawyers Association. Submitted by Peter M. Kelly, of Kelly, Durham & Pittard, LLP of Houston, Texas and Glenn W. Cunningham of the Texas Trial Lawyers Association of Austin, Texas.
03/01/2018Post submission brief filedRespondent Post-Submission Letter Brief filed on behalf of James Wedel, et al.
02/27/2018Exhibits in case/cause filedPetitioner Oral Argument Exhibits filed on behalf of petitioner, Wausau Underwriters Insurance Company.
02/23/2018Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Letter of the Insurance Company of the State of Pennsylvania in response to the Amicus Letter of Exxon Mobil Corp. Submitted by Loren R. Smith of Kelly Smith & Red PC of Houston Texas.
02/22/2018Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter of Exxon Mobil Corporation submitted by David M. Gunn of Beck Redden LLP of Houston, Texas.
01/19/2018Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of Texas Mutual Insurance Company submitted by Mary Barrow Nichols and Jackie M. Kenyon of Texas Mutual Ins. Co. and Mary A. Keeney of Graves, Dougherty, Hearon & Moody of Austin, Texas.
12/19/2017Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Wausau Underwriters Insurance Company.
12/04/2017Brief on the MeritsRespondent Respondents' Brief on the Merits filed on behalf of James Wedel, et al.
11/14/2017Amended Brief filedPetitioner Amended Petitioner's Brief on the Merits filed on behalf of Wausau Underwriters Insurance Company.
11/13/2017Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Wausau Underwriters Insurance Company.
08/24/2017Reply to ResponsePetitioner Reply to Response to Petition for Review filed on behalf of James Wedel, et al.
08/10/2017Response to PetitionRespondent Response to Petition for Review filed on behalf of James Wedel, et al.
06/12/2017Petition for ReviewPetitioner Petition for Review filed on behalf of Wausau Underwriters Insurance Company.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
10/19/2018Mandate issued  Mandate & Cost Bill Issued
10/19/2018Motion for Rehearing - DisposedDenied
07/20/2018Amicus Curiae Brief received  Amicus Brief received on behalf of National Council on Compensation Insurance.  Submitted by Kimberly A. Yelkin and Robert F. Johnson III with Foley Gardere Foley & Lardner, L.L.P. of Austin, Texas.
06/18/2018Case forwarded to Court 
06/18/2018Motion for Rehearing  Motion for Rehearing filed on behalf of Wausau Underwriters Insurance Company.
06/08/2018Court approved judgment sent to attorneys of recordIssued
06/08/2018Dissenting opinion issued.Issued Justice Johnson delivered a dissenting opinion, in which Justice Boyd joined.
06/08/2018Opinion issuedCourt of appeals' judgment affirmed The Court affirms the court of appeals' judgment. Justice Brown delivered the opinion of the Court, in which Chief Justice Hecht, Justice Green, Justice Guzman, Justice Lehrmann, Justice Devine, and Justice Blacklock joined.  
(6/8/2018 6:35:13 PM) 170462d.pdf, 170462.pdf, 17-0462.jmt.pdf
05/24/2018Amicus Curiae Letter Received  Amicus Letter received on behalf of Texas Mutual Insurance Company.
05/21/2018Reply to Amicus Curiae Brief  Reply to Response to Amicus Curiae Letter filed on behalf of James Wedel, et al.
05/18/2018Response to Amicus Curiae Brief filed  Letter in response to the Amicus Brief of the Texas Trial Lawyers Association filed on behalf of Wausau Underwriters Insurance Company
05/16/2018Amicus Curiae Letter Received  Amicus Curiae Letter of Texas Trial Lawyers Association. Submitted by Peter M. Kelly, of Kelly, Durham & Pittard, LLP of Houston, Texas and Glenn W. Cunningham of the Texas Trial Lawyers Association of Austin, Texas.
03/01/2018Submission Schedule 
03/01/2018Post submission brief filed  Post-Submission Letter Brief filed on behalf of James Wedel, et al.
03/01/2018Oral argument   Argued on behalf of petitioner by David L. Plaut; Argued on behalf of respondents by G. Alan Waldrop
02/27/2018Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of petitioner, Wausau Underwriters Insurance Company.
02/23/2018Amicus Curiae Letter Received  Amicus Letter of the Insurance Company of the State of Pennsylvania in response to the Amicus Letter of Exxon Mobil Corp. Submitted by Loren R. Smith of Kelly Smith & Red PC of Houston Texas.
02/22/2018Amicus Curiae Letter Received  Amicus Curiae Letter of Exxon Mobil Corporation submitted by David M. Gunn of Beck Redden LLP of Houston, Texas.
02/09/2018Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of Wausau Underwriters Insurance Company. Oral Argument will be presented by David L. Plaut of Hanna & Plaut, L.L.P. of Austin, Texas.
02/06/2018Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of respondents, James and Michelle Wedel. Oral Argument will be presented by G. Alan Waldrop of Terrill & Waldrop of Austin, Texas.
01/19/2018Amicus Curiae Brief received  Amicus Curiae Brief of Texas Mutual Insurance Company submitted by Mary Barrow Nichols and Jackie M. Kenyon of Texas Mutual Ins. Co. and Mary A. Keeney of Graves, Dougherty, Hearon & Moody of Austin, Texas.
01/19/2018Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., March 1, 2018.  Time allotted to argue:  20/20 minutes
01/19/2018Petition for Review disposedFiling granted
01/19/2018Petition for Review granted 
12/19/2017Reply Brief  Reply Brief on the Merits filed on behalf of Wausau Underwriters Insurance Company.
12/04/2017Brief on the Merits  Respondents' Brief on the Merits filed on behalf of James Wedel, et al.
11/14/2017Amended Brief filed  Amended Petitioner's Brief on the Merits filed on behalf of Wausau Underwriters Insurance Company.
11/14/2017Call received  Call received from counsel for Petitioner regarding Petitioner's Brief on the Merits.
11/13/2017Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Wausau Underwriters Insurance Company.
10/05/2017Case Record Filed   Electronic Appellate Record received.
09/27/2017Motion 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 FOR THIS FILING WILL BE DISFAVORED. Petitioner's brief is due November 13, 2017; Response brief is due December 4, 2017; Reply brief is due December 19, 2017.
09/27/2017Motion 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 Wasau Underwriters Insurance Company.
09/22/2017Record Requested in Case  Record requested from the 8th COA
09/22/2017Brief on the Merits Ordered  Brief on the Merits Requested:  Petitioner's brief due no later than October 23, 2017; Response brief due November 13, 2017; Reply brief due November 28, 2017
08/24/2017Reply to Response  Reply to Response to Petition for Review filed on behalf of James Wedel, et al.
08/10/2017Response to Petition  Response to Petition for Review filed on behalf of James Wedel, et al.
07/21/2017Supreme Court of Texas Requested Response  Response Requested to Petition for Review due no later than August 21, 2017.
06/20/2017Case forwarded to Court 
06/16/2017Response Waiver filed  Response Waiver filed on behalf of James Wedel, et al.
06/12/2017Petition for Review  Petition for Review filed on behalf of Wausau Underwriters Insurance Company.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
10/19/2018Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Wausau Underwriters Insurance CompanyPetitionerMr. Jeffrey C. Glass
Mr. David L. Plaut
Exxon Mobil CorporationAmicus CuriaeMr. David Gunn
Texas Mutual Insurance CompanyAmicus CuriaeMs. Mary A. Keeney
Ms. Jackie M. Kenyon
Ms. Mary Barrow Nichols
James Wedel and Michelle WedelRespondentMr. Paul M. Terrill III
Mr. Kevin Glasheen
Mr. G. Alan Waldrop
Mr. Ryan D. Greene
Mr. Jason M. Medina
Texas Trial Lawyers AssociationAmicus CuriaeThe Honorable Peter Kelly
Mr. Glenn W. Cunningham
National Council on Compensation InsuranceAmicus CuriaeMr. Robert F. Johnson III
Ms. Kimberly A. Yelkin
Insurance Company of the State of PennsylvaniaAmicus CuriaeMr. Loren R. Smith
Court of Appeals Information:
Affirmed  
518 SW3d 615, 04-26-17 
8th Court of Appeals 
Honorable Gina M. Palafox  
Trial Court Information
205th District Court 
 
Honorable Francisco Dominguez 
2013DCV3496