| Date▲▼ | Event Type▲▼ | Disposition▲▼ | Remarks | Document |
| 12/31/2019 | Letter brief | |
Letter Brief in response to the Brief for the State of Texas as Amicus Curiae filed on behalf of SprayFoamPolymers.Com, LLC.
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| 12/28/2018 | Brief on the Merits | |
Petitioner's Brief on the Merits filed on behalf of Frank and Helen Luciano.
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| 12/23/2019 | Oral Argument Submission Form from Attorney received | |
Oral Argument filed on behalf of amicus curiae, The Chamber of Commerce of the United States of America, by Allyson N. Ho
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| 12/23/2019 | Oral Argument Submission Form from Attorney received | |
Oral Argument Submission Form submitted on behalf of amicus curiae, The State of Texas, by Bill Davis, Office of the Attorney General, Austin, TX
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| 12/20/2019 | Miscellaneous motion disposed. See Remarks. | Filing granted |
Unopposed Motion of Amicus Curiae, Chamber of Commerce of the United States of America, to Participate in Oral Argument granted. Time allotted to argue: 15/15/5/5 minutes
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| 12/20/2019 | Miscellaneous motion disposed. See Remarks. | Filing granted |
Unopposed Motion of Amicus Curiae, The State of Texas to Participate, in Oral Argument granted. Time allotted to argue: 15/15/5/5 minutes
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| 12/12/2019 | Miscellaneous Motion | |
Unopposed Motion of Amicus Curiae Chamber of Commerce of the United States of America to Participate in Oral Argument.
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| 12/12/2019 | Miscellaneous Motion | |
Unopposed Motion for Amicus Curiae, The State of Texas, to participate in Oral Argument.
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| 12/12/2019 | Amicus Curiae Brief received | |
Amicus Curiae Brief of the State of Texas submitted by Bill Davis of the Office of the Attorney General of Austin, Texas.
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| 12/12/2019 | Pro hac vice motion disposed | Filing granted |
Motion in support of Admission Pro Hac Vice of Allison Turbiville granted.
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| 12/12/2019 | Pro hac vice motion disposed | Filing granted |
Motion for Admission Pro Hac Vice of Allison Turbiville granted.
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| 12/12/2019 | Pro hac vice motion disposed | Filing granted |
Motion for Admission Pro Hac Vice of Jonathan Urick granted.
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| 12/12/2019 | Pro hac vice motion disposed | Filing granted |
Motion in support of Admission Pro Hac Vice of Jonathan Urick granted.
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| 12/12/2019 | Pro hac vice motion disposed | Filing granted |
Motion in support of Admission Pro Hac Vice of Daryl Joseffer granted.
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| 12/12/2019 | Pro hac vice motion disposed | Filing granted |
Motion for Admission Pro Hac Vice of Daryl Joseffer granted.
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| 12/12/2019 | Pro hac vice motion disposed | Filing granted |
Motion in support of Admission Pro Hac Vice of Lisa Bender granted.
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| 12/12/2019 | Pro hac vice motion disposed | Filing granted |
Motion for Admission Pro Hac Vice of Lisa Bender granted.
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| 12/11/2019 | Pro hac vice motion filed | |
Motion of resident attorney in support of Admission Pro Hac Vice of Allison Turbiville filed on behalf of the Chamber of Commerce of the United States of America.
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| 12/11/2019 | Pro hac vice motion filed | |
Motion for Admission Pro Hac Vice of Allison Turbiville filed on behalf of the Chamber of Commerce of the United States of America.
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| 12/11/2019 | Pro hac vice motion filed | |
Motion of resident attorney in support of Admission Pro Hac Vice of Jonathan Urick filed on behalf of the Chamber of Commerce of the United States of America.
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| 12/11/2019 | Pro hac vice motion filed | |
Motion for Admission Pro Hac Vice of Jonathan Urick filed on behalf of the Chamber of Commerce of the United States of America.
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| 12/11/2019 | Pro hac vice motion filed | |
Motion of resident attorney in support of Admission Pro Hac Vice of Daryl Joseffer filed on behalf of the Chamber of Commerce of the United States of America.
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| 12/11/2019 | Pro hac vice motion filed | |
Motion for Admission Pro Hac Vice of Daryl Joseffer filed on behalf of the Chamber of Commerce of the United States of America.
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| 12/11/2019 | Oral Argument Submission Form from Attorney received | |
Oral Argument will be presented by Ms. Dawn M. Smith with Smith Clinesmith LLP of Dallas, Texas, filed on behalf of Frank Luciano, et al.
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| 12/11/2019 | Pro hac vice motion filed | |
Motion of resident attorney in support of admission pro hac vice of Lisa Bender filed on behalf of The Chamber of Commerce of the United States of America.
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| 12/11/2019 | Pro hac vice motion filed | |
Motion for Admission Pro Hac Vice of Lisa Bender filed on behalf of The Chamber of Commerce of the United States of America.
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| 12/10/2019 | Amicus Curiae Brief received | |
Amicus Curiae Brief of The Chamber of Commerce of the United States of America submitted by Allyson Ho of Gibson, Dunn & Crutcher, LLP of Dallas, Texas.
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| 12/03/2019 | Notice of Appearance | |
Notice of Appearance of Tab H. Keener as counsel for SprayFoamPolymers.Com, LLC.
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| 12/03/2019 | Oral Argument Submission Form from Attorney received | |
Oral Argument Submission Form submitted on behalf of Respondent, SprayFoamPolymers.com, LLC. Oral Argument will be presented by Tab H. Keener of Downs & Stanford, PC of Dallas, Texas.
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| 12/03/2019 | Phone call from Clerk's Office | |
Call made to counsel for Respondent regarding filing a Notice of Appearance for Tab Keener.
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| 11/27/2019 | Call received | |
Call received from Solicitor General's Office regarding making a record request.
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| 11/27/2018 | Motion for Extension of Time disposed. | Filing granted |
Second Agreed Motion to Extend Briefing Deadlines granted. No further extensions of time will be considered. Petitioners' brief is due no later than December 28, 2018; Respondent's brief is due January 17, 2019; and Reply brief is due February 1, 2019.
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| 11/26/2018 | Motion for Extension of Time to File Brief filed | |
Second Agreed Motion To Extend Brief Deadlines filed on behalf of Frank Luciano, et al.
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| 10/26/2018 | Motion for Extension of Time disposed. | Filing granted |
Unopposed Motion for Extension of Time to file Petitioners' Brief on the Merits is granted. Petitioners' brief is due November 28, 2018. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response brief is due December 18, 2018; Reply brief is due January 2, 2019.
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| 10/25/2018 | Motion 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 Frank and Helen Luciano.
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| 10/19/2020 | Call received | |
Call received from Mr. Luciano.
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| 10/18/2018 | Case Record Filed | |
Electronic Appellate Record received.
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| 10/12/2020 | Call received | |
Call received regarding Oral Argument transcript.
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| 10/04/2019 | Case set for oral argument | Case set for oral argument |
This case has been set for oral argument at 9:00 a.m., January 8, 2020. Time allotted to argue: 20/20 minutes
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| 10/04/2019 | Petition for Review disposed | Filing granted |
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| 10/04/2019 | Petition for Review granted | |
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| 10/04/2019 | Petition Reinstated | |
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| 10/04/2019 | Previous Order of the Court withdrawn | |
Order denying petition for review on March 29, 2019 is withdrawn.
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| 10/04/2019 | Motion for Rehearing - Disposed | Filing granted |
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| 10/02/2018 | Record Requested in Case | |
Record requested from the 3rd COA
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| 09/28/2018 | Brief on the Merits Ordered | |
Brief on the merits requested: Petitioner's brief due no later than October 29, 2018; Response brief due November 19, 2018; Reply brief due December 4, 2018.
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| 08/20/2018 | Surreply filed | |
First Sur-Reply in Opposition to Petition for Review filed on behalf of Sprayfoampolymers.com, LLC.
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| 08/05/2020 | Motion to withdraw disposed of | Filing granted |
Motion to Withdraw Abigail M. Frisch as counsel for State of Texas granted.
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| 08/04/2020 | Motion to Withdraw Filed | |
Motion to Withdraw filed on behalf of Abigail M. Frisch, counsel for Amicus Curiae the State of Texas.
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| 08/03/2018 | Reply to Response | |
Reply to Response to Petition for Review filed on behalf of Frank Luciano, et al.
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| 07/30/2021 | Mandate issued | |
Mandate & Cost Bill Issued
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| 07/24/2018 | Case forwarded to Court | |
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| 07/19/2018 | Response to Petition | |
Response to Petition for Review filed on behalf of Sprayfoampolymers.com, LLC.
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| 07/08/2019 | Response to Petition | |
Response to Motion for Rehearing filed on behalf of SprayFoamPolymers.com, LLC.
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| 06/25/2021 | Court approved judgment sent to attorneys of record | Issued |
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| 06/25/2021 | Opinion issued | Court of Appeals' judgment reversed; cause remanded to trial court |
The Court reverses the court of appeals' judgment and remands the case to the trial court. Justice Devine delivered the opinion of the Court.
(6/25/2021 5:23:59 PM) 180350.pdf, 18-0350.jmt.pdf
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| 06/22/2018 | Petition for Review | |
Petition for Review filed on behalf of Frank & Helen Luciano.
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| 06/21/2019 | Supreme Court of Texas Requested Response | |
Requested response to motion for rehearing due no later than July 8, 2019.
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| 05/21/2019 | Case forwarded to Court | |
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| 05/21/2018 | Second Motion for Extension of Time to File Petition for Review disposed | Filing granted |
Second Motion for Extension of Time to file Petition for Review granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Petition for Review is due June 22, 2018.
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| 05/21/2018 | Electronic communication received from Party | |
Received email from respondent's counsel to notify the Court that they are opposed to the second motion for extension of time but won't be filing a response.
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| 05/18/2018 | Electronic communication sent to Party | |
Sent email to respondent's counsel to determine whether a written response to the second motion to extend time will be filed.
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| 05/18/2018 | Second Motion for Extension of Time to File Petition for Review filed | |
Second Opposed Motion for Extension of Time to file Petition for Review filed on behalf of Frank & Helen Luciano.
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| 05/15/2019 | Motion for Rehearing | |
Motion for Rehearing filed on behalf of Frank & Helen Luciano.
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| 04/18/2018 | Motion for Extension of Time to File Petition for Review disposed | Filing granted in part |
Petition for Review due May 23, 2018.
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| 04/17/2018 | Electronic communication sent to Party | |
Sent email to respondent's counsel to determine whether a written response to the motion to extend time will be filed.
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| 04/17/2018 | Motion for Extension of Time to File Petition for Review filed | |
Opposed Motion for Extension of Time to file Petition for Review filed on behalf of Frank & Helen Luciano.
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| 04/17/2018 | Court reporter/recorder's record | |
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| 04/17/2018 | Clerk's Record | |
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| 04/16/2019 | Motion for Extension of Time to File Motion for Rehearing disposed | Filing granted |
Motion for Extension of Time to file Motion for Rehearing granted. Further requests for extensions of time will be disfavored. Motion for Rehearing is due no later than May 15, 2019.
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| 04/16/2019 | Response to Motion filed | |
Response to Motion for Extension of Time to file Motion for Rehearing filed on behalf of SprayFoamPolymers.com LLC.
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| 04/16/2019 | Electronic communication received from Party | |
Respondent will file a written response to motion for extension of time to file motion for rehearing no later than today.
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| 04/16/2019 | Electronic communication sent to Party | |
Email sent to respondent to determine if they will file a written response in opposition to the motion for extension of time to file motion for rehearing.
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| 04/15/2019 | Motion for Extension of Time to File Motion for Rehearing | |
Motion for Extension of Time to file Motion for Rehearing filed on behalf of Frank Luciano, et al.
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| 04/14/2021 | Supplemental Brief filed | |
Supplemental Brief filed on behalf of Frank & Helen Luciano.
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| 04/14/2021 | Supplemental Brief filed | |
Supplemental Brief filed on behalf of SprayFoamPolymers.Com, LLC.
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| 03/31/2021 | Supreme Court orders additional briefing from parties | |
Today the Supreme Court lifted the abatement issued on February 14, 2020 and reinstated the above-referenced cause. The Court requests that the parties file supplemental briefing on the application of the Supreme Court’s recent opinion in Ford v. Montana Eighth Judicial District Court to the issues raised in the pending cause. Briefs are to be filed on or before April 14, 2021.
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| 03/31/2021 | cause reinstated to active docket | |
The abatement issued February 14, 2020 is lifted. Cause is reinstated.
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| 03/29/2019 | Petition for Review disposed | Denied |
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| 02/14/2020 | Petition for Review disposed | Matter in Supreme Court of Texas Abated |
This cause is removed from the Court's active docket until further order of this Court.
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| 02/01/2019 | Reply Brief | |
Reply Brief on the Merits filed on behalf of Frank Luciano, et al.
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| 01/17/2019 | Brief on the Merits | |
Response Brief on the Merits filed on behalf of SprayFoamPolymers.com, LLC.
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| 01/08/2020 | Oral argument | |
Argued on behalf of petitioners by Paul J. Downey; Argued on behalf of respondent by Tab H. Keener; Argued on behalf of amicus curiae, The State of Texas, by Bill Davis; Argued on behalf of Amicus Curiae, The Chamber of Commerce of the U.S.A., by Allyson N. Ho.
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| 01/07/2020 | Oral Argument Submission Form from Attorney received | |
Amended Oral Argument Submission Form submitted on behalf of Petitioners, Frank Luciano, et al. Oral Argument will be presented by Paul J. Downey of Smith Clinesmith LLP of Dallas, Texas.
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| 01/07/2020 | Call received | |
From Mr. Paul Runyon in re: attorneys arguing the case tomorrow (1/8/2020).
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| 01/03/2020 | Submission Schedule | |
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