Supreme Court

Case: 18-0216    
18-0216
03/07/2018
Second Petition for Review/Cause under Rule 53.1
TEXAS MUTUAL INSURANCE COMPANY, HARTFORD UNDERWRITERS INSURANCE COMPANY, TASB RISK MANAGEMENT FUND, TRANSPORTATION INSURANCE COMPANY, TRUCK INSURANCE EXCHANGE, TWIN CITY FIRE INSURANCE COMPANY, VALLEY FORGE INSURANCE COMPANY, ET AL. 
PHI AIR MEDICAL, LLC 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
02/24/2020Exhibits in case/cause filedRespondent Oral Argument Exhibits filed on behalf of PHI Air Medical, LLC.
02/24/2020Exhibits in case/cause filedPetitioner Notice of Filing of Oral Argument Exhibit Letter and Exhibit Document filed on behalf of Texas Mutual Insurance Company.
02/18/2020Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief received on behalf of Association of Air Medical Services, et al.  Submitted by Jaime Welton with Barnes & Thornburg, LLP of Dallas, Texas.
11/08/2019Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of the Office of Injured Employee Counsel submitted by Gina McCauley of Austin, Texas.
10/25/2019Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Texas Workers' Compensation Insurers, et al.
10/25/2019Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Texas Department of Insurance, Division of Workers' Copmensation.
10/24/2019Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of American Property Casualty Insurance Association submitted by Dale Wainwright and Justin Bernstein.
09/10/2019Brief on the MeritsRespondent Joint Response Brief on the Merits filed on behalf of Phi Air Medical, LLC.
07/26/2019Petition Reinstated 
07/26/2019Petition Reinstated 
01/22/2019Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Texas Workers' Compensation Insurers.
01/22/2019Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Texas Department of Insurance, Division of Workers' Compensation.
12/06/2018Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of the Office of Injured Employee Counsel submitted by Gina McCauley of Austin, Texas.
12/03/2018Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of Texas Civil Justice League submitted by George S. Christian of Austin, Texas.
11/07/2018Reply to ResponsePetitioner Reply to Response to Petition for Review filed on behalf of Texas Workers' Compensation Insurers.
11/05/2018Reply to ResponsePetitioner Reply in Support of Petition for Review filed on behalf of Texas Department of Insurance, Division of Workers' Compensation.
10/19/2018Response to PetitionRespondent Joint Response to Petitions for Review filed on behalf of Phi Air Medical, LLC.
10/19/2018Response to PetitionRespondent Joint Response to Petitions for Review filed on behalf of Phi Air Medical, LLC.
05/18/2018Petition for Review #2Petitioner Petition for Review filed on behalf of the Texas Workers' Compensation Insurers.
05/18/2018Petition for ReviewPetitioner Petition for Review filed on behalf of Texas Department of Insurance, Division of Workers’ Compensation.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/14/2018Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than January 14, 2019; Response brief due February 4, 2019; Reply brief due February 19, 2019.
12/13/2019Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., February 25, 2020.  Time allotted to argue: 20/20 minutes
12/13/2019Petition for Review disposedFiling granted
12/13/2019Petition for Review granted 
12/13/2019Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., February 25, 2020.  Time allotted to argue: 20/20 minutes
12/13/2019Petition for Review disposedFiling granted
12/13/2019Petition for Review granted 
12/07/2020Notice received  Notice Received from the Supreme Court of the United States.
12/06/2018Amicus Curiae Brief received  Amicus Curiae Brief of the Office of Injured Employee Counsel submitted by Gina McCauley of Austin, Texas.
12/03/2018Amicus Curiae Brief received  Amicus Curiae Brief of Texas Civil Justice League submitted by George S. Christian of Austin, Texas.
11/08/2019Amicus Curiae Brief received  Amicus Curiae Brief of the Office of Injured Employee Counsel submitted by Gina McCauley of Austin, Texas.
11/07/2018Reply to Response  Reply to Response to Petition for Review filed on behalf of Texas Workers' Compensation Insurers.
11/05/2018MET to file reply disposed ofFiling granted Motion for Extension of Time to file Reply in Support of Petition for Review has been granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply is due on November 9, 2018.
11/05/2018Motion to Extend Time to File Reply filed  Unopposed Motion for Extension of Time to file Reply in Support of Petition for Review filed on behalf of Texas Workers' Compensation Insurers.
11/05/2018Reply to Response  Reply in Support of Petition for Review filed on behalf of Texas Department of Insurance, Division of Workers' Compensation.
10/25/2019Reply Brief  Reply Brief on the Merits filed on behalf of Texas Workers' Compensation Insurers, et al.
10/25/2019Reply Brief  Reply Brief on the Merits filed on behalf of Texas Department of Insurance, Division of Workers' Copmensation.
10/24/2019Amicus Curiae Brief received  Amicus Curiae Brief of American Property Casualty Insurance Association submitted by Dale Wainwright and Justin Bernstein.
10/19/2018Response to Petition  Joint Response to Petitions for Review filed on behalf of Phi Air Medical, LLC.
10/19/2018Response to Petition  Joint Response to Petitions for Review filed on behalf of Phi Air Medical, LLC.
10/19/2018Letter Filed  Letter regarding Nicole Leonard filed on behalf of Texas Mutual Insurance Company.
10/02/2019Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Reply Brief on the Merits granted for 15 days.  FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Reply Brief of Texas Department of Insurance, Division of Workers' Compensation due October 25, 2019.
10/02/2019Motion for Extension of Time to File Brief filed  Second Unopposed Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Texas Department of Insurance, Division of Workers' Compensation.
10/02/2019Call received  Call received from counsel for Texas Worker's Compensation Insurers regarding the Motion for Extension of Time to file Reply Brief.
10/01/2019Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Reply Brief on the Merits granted for 15 days. Reply Brief of Texas Worker's Compensation Insurers, et al. due October 25, 2019. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
10/01/2019Motion for Extension of Time to File Brief filed  Second Motion for Extension of Time to file Reply Brief filed on behalf of Texas Worker's Compensation Insurers, et al.
09/30/2020Mandate issued  Mandate & Cost Bill Issued
09/19/2019Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Reply Brief on the Merits is granted. Reply Briefs on the Merits are due October 10, 2019. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
09/18/2019Motion 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 Texas Workers' Compensation Insurers.
09/18/2019Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Reply Brief on the Merits is granted. Reply Briefs on the Merits are due October 10, 2019. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
09/18/2019Motion 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 Texas Department of Insurance, Division of Workers' Compensation.
09/13/2018Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Response granted. NO FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE CONSIDERED. Requested Response is due October 19, 2018.
09/13/2018Motion for Extension of Time to File Response  Second Unopposed Motion for Extension of Time to file Requested Response filed on behalf of PHI Air Medical, LLC.
09/10/2019Brief on the Merits  Joint Response Brief on the Merits filed on behalf of Phi Air Medical, LLC.
09/09/2020Letter Filed  Letter regarding motion for rehearing filed on behalf of PHI Air Medical, LLC.
08/16/2019Motion for Extension of Time disposed.Filing granted Third Motion for Extension of Time to file Response Brief on the Merits has been granted. NO FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE CONSIDERED. Response Brief is due on September 10, 2019. Reply Brief is due on September 25, 2019.
08/16/2019Motion for Extension of Time to File Brief filed  Unopposed Third Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of PHI Air Medical, LLC.
08/05/2020Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Second Motion for Extension of Time to file Motion for Rehearing granted. Motion for Rehearing due September 11, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
08/02/2019Letter sent to parties from Supreme Court - See Remarks  The Supreme Court of Texas reinstated the petitions on July 26, 2019.  Respondent’s brief on the merits is due to be filed in this office no later than August 26, 2019.  Petitioner’s reply brief is due September 10, 2019.
07/31/2020Motion for Extension of Time to File Motion for Rehearing  Second Motion for Extension of Time to file Motion for Rehearing filed on behalf of PHI Air Medical, LLC.
07/27/2018Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Response granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response is due September 19, 2018.
07/27/2018Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Requested Response filed on behalf of PHI Air Medical, LLC.
07/26/2019Petition Reinstated 
07/26/2019Petition Reinstated 
07/26/2019Abatement Order Lifted  Abatement order issued March 22, 2019 is lifted.
07/26/2019Motion to reinstate case disposedFiling granted Joint Motion to Reinstate Appeal granted
07/20/2018Supreme Court of Texas Requested Response  Requested responses to petitions for review due no later than August 20, 2018.
07/19/2019Motion to Reinstate Case filed  Joint Motion to Reinstate filed on behalf of Texas Mutual Insurance Co., et al.
07/03/2020Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Motion for Extension of Time to file Motion for Rehearing granted. Motion for Rehearing due August 12, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
07/02/2020Notice from Counsel of a change in address  Notice fo Change of Counsel's Address filed on behalf of PHI Air Medical, LLC.
07/02/2020Motion for Extension of Time to File Motion for Rehearing  Motion for Extension of Time to file Motion for Rehearing filed on behalf of PHI Air Medical, LLC.
06/26/2020Court approved judgment sent to attorneys of recordIssued
06/26/2020Dissenting opinion issued.Issued Justice Green delivered a dissenting opinion, in which Chief Justice Hecht joined.
06/26/2020Concurring Opinion issued.Issued Justice Bland delivered a concurring opinion, in which Justice Lehrmann, Justice Boyd, and Justice Blacklock joined.
06/26/2020Opinion issuedIssued
06/26/2020Opinion issuedCourt of Appeals' judgment reversed and remanded to Court of Appeals The Court reverses the court of appeals' judgment and remands the case to that court.  Justice Busby delivered the opinion of the Court, in which Justice Guzman, Justice Lehrmann, Justice Boyd, Justice Devine, and Justice Blacklock joined.
(6/26/2020 7:17:36 PM) 180216d.pdf, 180216c.pdf, 180216.pdf, 18-0216.jmt.pdf
06/19/2018Case forwarded to Court 
06/19/2018Case forwarded to Court 
06/15/2018Response Waiver filed  Response waiver to both petitions filed on behalf of PHI Air Medical, LLC.
05/21/2019Status report filed  Joint Status Report on Bankruptcy Stay filed on behalf of Texas Department of Insurance, Division of Workers' Compensation, et al.
05/18/2018Petition for Review #2  Petition for Review filed on behalf of the Texas Workers' Compensation Insurers.
05/18/2018Petition for Review  Petition for Review filed on behalf of Texas Department of Insurance, Division of Workers’ Compensation.
04/30/2021Notice received  Notice Received from the Supreme Court of the United States.
04/16/2018Second Motion for Extension of Time to File Petition for Review disposedFiling granted Second Unopposed Motion for Extension of Time to file Petition for Review of Tex.  Dept. of Ins., Div. of Workers’ Compensation, is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Petition for Review is due May 18, 2018.
04/16/2018Second Motion for Extension of Time to File Petition for Review filed  Second Unopposed Motion for Extension of Time to file Petition for Review filed on behalf of Texas Department of Insurance, Division of Workers' Compensation.
04/16/2018Second Motion for Extension of Time to File Petition for Review disposedFiling granted Second Unopposed Motion for Extension of Time to file Petition for Review of Tex. Mut. Ins. Co., et al., is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Petition for Review is due May 18, 2018.
04/16/2018Second Motion for Extension of Time to File Petition for Review filed  Second Unopposed Motion for Extension of Time to file Petition for Review filed on behalf of Texas Mutual Insurance Company, et al.
03/22/2019Status Report requested  Status report due no later than May 21, 2019.
03/22/2019Order of the Court IssuedMatter in Supreme Court of Texas Abated Effective March 14, 2019, the case is abated pursuant to TEX. R. APP. P. 8.2 until further order of this Court and is removed from the Court's active docket, subject to reinstatement upon proper motion.  TEX. R. APP. P. 8.3.  All motions and other documents pending or filed are abated subject to being reurged in the event the case is reinstated.  TEX. R. APP. P. 8.2, 8.3.  It is the parties' responsibility to immediately notify this Court once the automatic bankruptcy stay is lifted.
03/22/2019Petition for Review disposedAbated due to bankruptcy
03/22/2019Petition for Review disposedAbated due to bankruptcy
03/18/2019Notice of Bankruptcy  Notice of Bankruptcy filed on behalf of Phi Air Medical, LLC.
03/08/2018Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time to file Petition for Review has been granted. Petition for Review is due on April 18, 2018.
03/08/2018Call received  Call received from petitioners' counsel.
03/08/2018Motion 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 April 18, 2018.
03/08/2018Phone call from Clerk's Office  Left voicemail for Matthew Baumgartner, counsel for petitoners.
03/08/2018Motion for Extension of Time to File Petition for Review #2 filed  Unopposed Motion for Extension of Time to file Petition for Review filed on behalf of Texas Department of Insurance, Division of Workers' Compensation.
03/07/2018Motion 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 Texas Mutual Insurance Company, et al.
03/07/2018Clerk's Record 
03/07/2018Supplement to Clerk's/Reporter's Record 
03/07/2018Court reporter/recorder's record 
03/07/2018Supplement to Clerk's/Reporter's Record 
03/06/2019Motion for Extension of Time disposed.Filing granted Unopposed Second Motion for Extension of Time to file Respondent's Brief on the Merits granted. No further extensions of time will be considered. Respondent's brief is due April 12, 2019; and Reply brief is due April 29, 2019.
03/06/2019Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of PHI Air Medical, LLC.
02/25/2020Oral argument   Argued on behalf of petitioner, Tx Mutual Ins. Co., by Matthew Baumgartner; Argued on behalf of petitioner, Tx Dept of Ins., Division of Workers' Compensation, by Lisa Bennett; Argued on behalf of respondent by Craig T. Enoch and Amy L. Saberian
02/25/2020Oral argument   Argued on behalf of petitioner, Tx Mutual Ins. Co., by Matthew Baumgartner; Argued on behalf of petitioner, Tx Dept of Ins., Division of Workers' Compensation, by Lisa Bennett; Argued on behalf of respondent by Craig T. Enoch and Amy L. Saberian
02/24/2020Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of PHI Air Medical, LLC.
02/24/2020Exhibits in case/cause filed  Notice of Filing of Oral Argument Exhibit Letter and Exhibit Document filed on behalf of Texas Mutual Insurance Company.
02/18/2020Amicus Curiae Brief received  Amicus Brief received on behalf of Association of Air Medical Services, et al.  Submitted by Jaime Welton with Barnes & Thornburg, LLP of Dallas, Texas.
02/14/2020Submission Schedule 
02/06/2019Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Response Brief on the Merits is granted. Response brief is due March 13, 2019. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply brief is due March 28, 2019.
02/06/2019Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Response Brief on the Merits filed on behalf of PHI Air Medical, LLC.
02/04/2020Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Respondent PHI Air Medical. Oral Argument will be presented by Craig T. Enoch & Amy L. Saberian of Enoch Kever PLLC of Austin, Texas.
02/04/2020Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Petitioner, Texas Department of Insurance, Division of Workers' Compensation. Oral Argument will be presented by Lisa Bennett of the Office of the Attorney General, Solicitor General Division of Austin, Texas.
02/04/2020Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of Petitioner, Texas Mutual Insurance Co. Oral Argument will be presented by Matthew Baumgartner of Graves Dougherty Hearon & Moody, P.C. of Austin, Texas.
01/22/2019Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Texas Workers' Compensation Insurers.
01/22/2019Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Texas Department of Insurance, Division of Workers' Compensation.
01/09/2019Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Petitioner's Brief on the Merits granted.  Further requests for extensions of time will be disfavored.  Petitioner's brief is due no later than January 22, 2019; Respondent's brief is due February 11, 2019; and Reply brief is due February 26, 2019.
01/09/2019Motion 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 Texas Department of Insurance.
01/09/2019Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Petitioner's Brief on the Merits granted. Further requests for extensions of time will be disfavored. Petitioner's brief is due no later than January 22, 2019; Respondent's brief is due February 11, 2019; and Reply brief is due February 26, 2019.
01/09/2019Motion 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 Texas Workers' Compensation Insurers.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
09/30/2020Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Hartford Underwriters Insurance CompanyPetitionerMr. Daniel Joseph Price
Mr. James Michael Loughlin
Valley Forge Insurance CompanyPetitionerMr. James Michael Loughlin
Mr. Daniel Joseph Price
Association of Air Medical ServicesAmicus CuriaeMr. Jamie Ryan Welton
Texas Civil Justice LeagueAmicus CuriaeMr. George S. Christian
PHI Air Medical, LLCRespondentMs. Shelby L. O'Brien  
Mr. Craig T. Enoch
Ms. Amy L. Prueger
American Property Casualty Insurance AssociationAmicus CuriaeMr. Dale Wainwright  
Mr. Justin Bernstein
Transportation Insurance CompanyPetitionerMr. Daniel Joseph Price
Mr. James Michael Loughlin
Office of Injured Employee CounselAmicus CuriaeMs. Jessica Barta
Ms. Gina Elizabeth McCauley
ZENITH INSURANCE COMPANYPetitionerMr. James Michael Loughlin
Mr. Daniel Joseph Price
Twin City Fire Insurance CompanyPetitionerMr. James Michael Loughlin
Mr. Daniel Joseph Price
Texas Mutual Insurance CompanyPetitionerMr. Bryan Wilkerson Jones
Ms. Mary Barrow Nichols
Mr. Matthew Baumgartner
Mr. P. M. Schenkkan
Ms. Mary A. Keeney
TASB Risk Management FundPetitionerMr. Daniel Joseph Price
Mr. James Michael Loughlin
Truck Insurance ExchangePetitionerMr. James Michael Loughlin
Mr. Daniel Joseph Price
Texas Department of Insurance, Division of Workers’ CompensationPetitionerMs. Lisa A. Bennett
Mr. Kyle D. Hawkins
Ms. Adrienne R. Butcher
Atty. Gen. W. Kenneth Paxton Jr.
Mr. Jeffrey C. Mateer
Court of Appeals Information:
Reverse & Remand 
549 SW3d 804, 01-31-18 
3rd Court of Appeals 
Honorable David E. Puryear 
Trial Court Information
53rd District Court 
Travis 
Honorable Jan Soifer 
D-1-GN-15-004940