Supreme Court

Case: 18-1181    
18-1181
12/14/2018
Petition for Review/Cause under Rule 53.1
EMERSON ELECTRIC CO. D/B/A FUSITE AND EMERSON CLIMATE TECHNOLOGIES, INC. 
CLARENCE JOHNSON 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
08/10/2021Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Letter of the Product Liability Advisory Council submitted by Ruth G. Malinas of Plunkett, Griesenbeck & Mimari, Inc. in San Antonio, Texas.
06/29/2021Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter of Charles "Skip" Watson received.
06/09/2021Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief of the National Association of Manufacturers received from Pamela Stanton Baron.
06/08/2021Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of the Texas Association of Defense Counsel submitted by Richard B. Phillips, Jr. of Thompson & Knight LLP in Dallas, Texas.
06/02/2021Motion for RehearingPetitioner's motion for rehearing of cause filed Motion for Rehearing filed on behalf of Emerson Electric Co., et al.
10/05/2020Exhibits in case/cause filedPetitioner Oral Argument Exhibits filed on behalf of Emerson Electric Company, et al.
03/30/2020Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of PLAC, Inc. submitted by William Worthington.
02/03/2020Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Emerson Electric Co., et al.
12/19/2019Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Clarence Johnson.
10/30/2019Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Emerson Electric Co., et al.
05/28/2019Reply to ResponsePetitioner Reply in support of Petition for Review filed on behalf of Emerson Electic Co. D/B/A Fusite & Emerson Climate Technologies.
04/10/2019Response to PetitionRespondent Response to Petition for Review filed on behalf of Clarence Johnson.
02/22/2019Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of PLAC, Inc. filed by William A. Worthington.
02/19/2019Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of the National Association of Manufacturers, the Chamber of Commerce of the United States of America, and Texas Association of Business filed by James Hines and Pamela Stanton Baron.
02/07/2019Petition for ReviewPetitioner Petition for Review filed on behalf of Emerson Electric Co.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/30/2019Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Reply Brief on the Merits is granted. Reply Brief on the Merits is due February 3, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
12/30/2019Motion 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 Emerson Electric Co., et al.
12/21/2018Motion 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 January 25, 2019.
12/21/2018Pro hac vice motion disposedFiling granted Unopposed Motion for Admission to Practice Pro Hac Vice of Adam K. Peck granted.
12/21/2018Pro hac vice motion disposedFiling granted Unopposed Motion for Admission to Practice Pro Hac Vice of Melody H. Eagan granted.
12/21/2018Pro hac vice motion disposedFiling granted Unopposed Motion of Resident Counsel in Support of Motion of Non-Resident Counsel Adam K. Peck for Admission Pro Hac Vice granted.
12/21/2018Pro hac vice motion disposedFiling granted Unopposed Motion of Resident Counsel in Support of Motion of Non-Resident Counsel Melody H. Eagan for Admission Pro Hac Vice granted.
12/20/2018Pro hac vice motion filed  Unopposed Motion of Resident Counsel in Support of Motion of Non-Resident Counsel Adam K. Peck for Admission Pro Hac Vice filed on behalf of Emerson Electric Co., et al.
12/20/2018Pro hac vice motion filed  Unopposed Motion of Resident Counsel in Support of Motion of Non-Resident Counsel Melody H. Eagan for Admission Pro Hac Vice filed on behalf of Emerson Electric Co., et al.
12/20/2018Pro hac vice motion filed  Unopposed Motion for Admission to Practice Pro Hac Vice of Adam K. Peck filed on behalf of Emerson Electric Co., et al.
12/20/2018Pro hac vice motion filed  Unopposed Motion for Admission to Practice Pro Hac Vice of Melody H. Eagan filed on behalf of Emerson Electric Co., et al.
12/19/2019Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Clarence Johnson.
12/18/2018Electronic communication sent to Party  Email sent to petitioners' counsel requesting the motions for pro hac vice.
12/18/2018Call received  Updated address for Mr. Andrew Lee Payne.
12/14/2018Motion 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 Emerson Electric Co., et al.
12/14/2018Clerk's Record 
12/14/2018Clerk's Record 
12/14/2018Court reporter/recorder's record 
11/15/2019Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Respondent's Brief on the Merits is granted. Respondent's Brief on the Merits is due December 19, 2019. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply Brief is due January 3, 2020.
11/15/2019Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of Clarence Johnson.
10/30/2019Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Emerson Electric Co., et al.
10/06/2020Oral argument   Argued on behalf of petitioners by David M. Gunn; Argued on behalf of respondent by Jeffrey S. Levinger
10/05/2020Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of Emerson Electric Company, et al.
10/02/2020Call received  Call received from counsel for Emerson Electric Company, et al. regarding oral argument.
09/28/2020Submission Schedule 
09/24/2019Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioner's Brief on the Merits is granted. Petitioner's Brief on the Merits is due October 30, 2019.FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response Brief is due November 19, 2019. Reply Brief is due December 4, 2019.
09/24/2019Motion 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 Emerson Electric Co., et al.
09/18/2020Case Record Filed  
09/18/2020Case Record Filed  
09/18/2020Case Record Filed  
09/18/2020Record Requested in Case  Record requested from the 2nd COA
09/17/2020Letter sent to parties from Supreme Court - See Remarks  Letter sent to parties: "The Supreme Court of Texas set the above-referenced cause for oral submission for Tuesday, October 6, 2020. Oral argument will be held via Zoom. Attached is a guide for attorneys participating in oral arguments via Zoom. The Clerk of the Court will contact you with further instructions."
(9/17/2020 6:35:11 PM) Zoom Oral Arguments Guide for Lawyers.pdf
09/16/2020Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Respondent, Clarence Johnson. Oral Argument will be presented by Jeffrey S. Levinger of Levinger PC of Dallas, Texas.
09/16/2020Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Emerson Electric Company, et al. Argument will be presented by David M. Gunn of Beck Redden, LLP in Houston, Texas.
09/07/2021Case Stored  e-stored
09/03/2021Mandate issued  Mandate & Cost Bill Issued
09/03/2021Motion for Rehearing - DisposedDenied
08/30/2019Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than September 30, 2019; Response brief due October 21, 2019; Reply brief due November 5, 2019.
08/10/2021Amicus Curiae Letter Received  Amicus Letter of the Product Liability Advisory Council submitted by Ruth G. Malinas of Plunkett, Griesenbeck & Mimari, Inc. in San Antonio, Texas.
06/29/2021Amicus Curiae Letter Received  Amicus Curiae Letter of Charles "Skip" Watson received.
06/26/2020Case set for oral argumentCase set for oral argument This cause has been set for oral argument at 9:00 a.m., October 6, 2020.  Time allotted to argue:  20/20 minutes
06/10/2021Electronic communication received from Party  Email received from counsel for the National Association of Manufacturers regarding brief.
06/09/2021Call received  Call received from counsel for the National Association of Manufacturers regarding submitted brief.
06/09/2021Amicus Curiae Brief received  Amicus Brief of the National Association of Manufacturers received from Pamela Stanton Baron.
06/08/2021Amicus Curiae Brief received  Amicus Curiae Brief of the Texas Association of Defense Counsel submitted by Richard B. Phillips, Jr. of Thompson & Knight LLP in Dallas, Texas.
06/05/2020Supreme Court of Texas Orders Issued 
06/05/2020Petition for Review disposedFiling granted [Note: The date and time for oral argument are yet to be determined.]
06/05/2020Petition for Review granted 
06/04/2019Case forwarded to Court 
06/02/2021Case forwarded to Court 
06/02/2021Motion for Rehearing  Motion for Rehearing filed on behalf of Emerson Electric Co., et al.
05/28/2019Reply to Response  Reply in support of Petition for Review filed on behalf of Emerson Electic Co. D/B/A Fusite & Emerson Climate Technologies.
04/30/2021Motion 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 June 2, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
04/30/2021Response to Motion filed  Response to Motion for Extension of Time to file Motion for Rehearing filed on behalf of Clarence Johnson.
04/29/2021Electronic communication received from Party  Email from counsel for Respondent stating that a response to motion will be filed.
04/29/2021Electronic communication sent to Party  Email sent to counsel for Respondent to determine if a response to motion for extension of time will be filed.
04/29/2021Motion for Extension of Time to File Motion for Rehearing  Motion for Extension of Time to file Motion for Rehearing filed on behalf of Emerson Electric Co.
04/16/2021Court approved judgment sent to attorneys of recordIssued
04/16/2021Opinion issuedCourt of appeals' judgment affirmed The Court affirms the court of appeals' judgment. Justice Bland delivered the opinion of the Court.
(4/16/2021 3:58:20 PM) 181181.pdf, 18-1181.jmt.pdf
04/16/2019MET to file reply disposed ofFiling granted Motion for Extension of Time to file Reply to Response to Petition for Review granted. Reply due May 28, 2019. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
04/16/2019Motion to Extend Time to File Reply filed  Motion for Extension of Time to file Reply to Response to Petition for Review filed on behalf of Emerson Electric Co. D/B/A Fusite & Emerson Climate Technologies.
04/10/2019Response to Petition  Response to Petition for Review filed on behalf of Clarence Johnson.
03/30/2020Amicus Curiae Brief received  Amicus Curiae Brief of PLAC, Inc. submitted by William Worthington.
03/05/2019Motion for Extension of Time to File Response disposedFiling granted Unopposed Motion for Extension of Time to file Response to Petition for Review is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response is due April 10, 2019.
03/05/2019Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Clarence Johnson.
02/26/2019Pro hac vice motion disposedFiling granted Unopposed Motion of Resident Counsel in Support of Motion of Non-Resident Counsel Clare G. Gibbons for Admission Pro Hac Vice granted.
02/26/2019Pro hac vice motion disposedFiling granted Unopposed Motion for Admission to Practice Pro Hac Vice of Clare G. Gibbons granted.
02/25/2019Pro hac vice motion filed  Unopposed Motion for Admission Pro Hac Vice of Clare G. Gibbons, counsel for Amicus Curiae PLAC, Inc.
02/25/2019Pro hac vice motion filed  Motion of Resident Counsel William A. Worthington in Support of Admission Pro Hac Vice for Clare G. Gibbons, counsel for Amicus Curiae PLAC, Inc.
02/25/2019Phone call from Clerk's Office  Call made to Mr. Worthington regarding Amicus Brief. He stated he is waiting for the Board of Law Examiners to accept the application of  Pro Hac Vice admission for Ms. Gibbons and will file the Motion for Admission Pro Hac Vice and Motion in Support of Pro Hac Vice as soon as possible.
02/22/2019Amicus Curiae Brief received  Amicus Curiae Brief of PLAC, Inc. filed by William A. Worthington.
02/19/2019Amicus Curiae Brief received  Amicus Curiae Brief of the National Association of Manufacturers, the Chamber of Commerce of the United States of America, and Texas Association of Business filed by James Hines and Pamela Stanton Baron.
02/07/2019Petition for Review  Petition for Review filed on behalf of Emerson Electric Co.
02/03/2020Reply Brief  Reply Brief on the Merits filed on behalf of Emerson Electric Co., et al.
01/23/2019Second Motion for Extension of Time to File Petition for Review disposedFiling 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 February 8, 2019.
01/23/2019Second Motion for Extension of Time to File Petition for Review filed  Unopposed Second Motion for Extension of Time to file Petition for Review filed on behalf of Emerson Electric Co., et al.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
09/07/2021Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Texas Association of Defense CounselAmicus CuriaeMs. Melissa Davis Andrews
Mr. Roger W. Hughes
Mr. Richard B. Phillips Jr.
United States Liability Insurance CompanyIntervenorMr. Jeffrey S. Reddall
Emerson Climate Technologies, Inc.PetitionerMr. Ethan L. Shaw
Mr. Larry E. Cotten
Ms. Erin H. Huber
Mr. David Gunn
Mr. Adam K. Peck
Ms. Melody H. Eagan
Mr. Matthew Riley
Mr. Jason P. Steed
Texas Association of BusinessAmicus CuriaeMr. James R. Hines
Watson, Jr., Charles R. 'Skip'Amicus CuriaeMr. Charles R. 'Skip' Watson Jr.
Emerson Electric Co. d/b/a FusitePetitionerMr. Adam K. Peck
Mr. Ethan L. Shaw
Mr. Jason P. Steed
Ms. Erin H. Huber
Mr. Matthew Riley
Mr. Larry E. Cotten
Ms. Melody H. Eagan
Mr. David Gunn
PLAC, Inc. f/k/a the Product Liability Advisory CouncilAmicus CuriaeMr. William A. Worthington
Clare Gibbons
Product Liability Advisory CouncilAmicus CuriaeMs. Ruth G. Malinas
Johnson, ClarenceRespondentMs. Shannon T. Hays
Mr. John C. Bush
Mr. Joseph Cecere
Mr. Andrew L. Payne
Mr. John S. Jose
Ms. Stefanie Bradshaw
Mr. Jeffrey S. Levinger
Mr. Todd Harlin Ramsey
The Chamber of Commerce of the United States of AmericaAmicus CuriaeMs. Pamela Stanton Baron
The National Association of ManufacturersAmicus CuriaeMs. Pamela Stanton Baron
Court of Appeals Information:
Affirmed  
601 SW3d 813, 10-18-18 
2nd Court of Appeals 
Honorable Mark T. Pittman 
Trial Court Information
48th District Court 
Tarrant 
Honorable David L. Evans 
048-268665-13