Supreme Court

Case: 18-1223    
18-1223
12/28/2018
Second Petition for Review/Cause under Rule 53.1
TEXAS BOARD OF CHIROPRACTIC EXAMINERS; PATRICK FORTNER, IN HIS OFFICIAL CAPACITY AS THE BOARD'S EXECUTIVE DIRECTOR; AND TEXAS CHIROPRACTIC ASSOCIATION 
TEXAS MEDICAL ASSOCIATION 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
02/26/2021Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter of Ron Beal received.
02/10/2021Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter of Ron Beal received.
02/05/2021Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter of Ron Beal received.
02/05/2021Amicus Curiae Brief received 
01/31/2021Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter of Ron Beal received.
01/29/2021Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter of Ron Beal received.
10/02/2020Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter received on behalf of Ron Beal.
10/01/2020Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter of Clems Martin received.
09/28/2020Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter received on behalf of Ron Beal.
09/21/2020Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of Ron Beal.
09/17/2020Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of Ron Beal.
09/14/2020Exhibits in case/cause filedRespondent Oral Argument Exhibits filed on behalf of Texas Medical Association.
08/17/2020Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of American Medical Association submitted by Alexandra Wilson of Alexander Dubose & Jefferson LLP of Austin, Texas.
06/20/2020Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Letter received on behalf of Ron Beal.
04/03/2020Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter received from Ron Beal.
03/20/2020Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter received from Ron Beal.
01/07/2020Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of Accident & Injury Pain Centers, Inc. submitted by P. Michael Jung of Clark, Hill, Strasburger of Dallas, Texas.
11/12/2019Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of Synapse: Human Performance Center submitted by David Keltner of Kelly Hart & Hallman LLP of Fort Worth, Texas.
10/29/2019Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of the National Board of Chiropractic Examiners and the Federation of Chiropractic Licensing Boards submitted by Thomas R. Phillips of Baker Botts, LLP in Austin, Texas.
10/25/2019Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Texas Chiropractic Association.
10/25/2019Reply BriefEvent related to subsequent petition filed in case. Reply Brief on the Merits filed on behalf of Texas Board of Chiropractic Examiners and Patrick Fortner, in his Official Capacity as the Board's Executive Director.
09/25/2019Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of Texas Medical Association.
08/21/2019Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Texas Chiropractic Association.
08/21/2019Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Texas Board of Chiropractic Examiners, et al.
06/28/2019Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of Parker University received from Sean C. Urich, Collin K. Brodrick and Jack S. Sholkoff of Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
06/20/2019Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter of Texas Chiropractic College received from Stacy Obenhaus and Rachel Steely of Foley & Lardner LLP.
06/12/2019Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief received from American Chiropractic Association.
04/10/2019Reply to Response to Petition filed Petitioner Reply in Support of Petition for Review filed on behalf of Texas Chiropractic Association.
04/10/2019Reply to Response to Petition filed Event related to subsequent petition filed in case. Reply in Support of Petition for Review filed on behalf of TBCE, et al.
03/26/2019Response to PetitionRespondent Response to Texas Chiropractic Association's Petition for Review filed on behalf of Texas Medical Association.
03/26/2019Response to PetitionRespondent Response to Texas Board of Chiropractic Examiners and Patrick Fortner Petition for Review filed on behalf of Texas Medical Association.
02/27/2019Petition for Review #2Event related to subsequent petition filed in case. Petition for Review filed on behalf of the Texas Board of Chiropractic Examiners and Patrick Fortner, in his Official Capacity as the Board's Executive Director.
02/27/2019Petition for ReviewPetitioner Petition for Review filed on behalf of Texas Chiropractic Association.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/28/2018Motion 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 February 27, 2019.
12/28/2018Motion for Extension of Time to File Petition for Review filed  Unopposed Joint Motion for Extension of Time to file Petition for Review filed on behalf of Texas Board of Chiropractic Examiners and Texas Chiropractic Association.
12/28/2018Supplement to Clerk's/Reporter's Record 
12/28/2018Clerk's Record 
12/28/2018Supplement to Clerk's/Reporter's Record 
12/28/2018Court reporter/recorder's record 
12/28/2018Supplement to Clerk's/Reporter's Record 
12/28/2018Court reporter/recorder's record 
11/12/2019Amicus Curiae Brief received  Amicus Curiae Brief of Synapse: Human Performance Center submitted by David Keltner of Kelly Hart & Hallman LLP of Fort Worth, Texas.
10/29/2019Amicus Curiae Brief received  Amicus Curiae Brief of the National Board of Chiropractic Examiners and the Federation of Chiropractic Licensing Boards submitted by Thomas R. Phillips of Baker Botts, LLP in Austin, Texas.
10/25/2019Reply Brief  Reply Brief on the Merits filed on behalf of Texas Chiropractic Association.
10/25/2019Reply Brief  Reply Brief on the Merits filed on behalf of Texas Board of Chiropractic Examiners and Patrick Fortner, in his Official Capacity as the Board's Executive Director.
10/02/2020Amicus Curiae Letter Received  Amicus Curiae Letter received on behalf of Ron Beal.
10/02/2019Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Reply Briefs on the Merits is granted. Reply Briefs are due October 25, 2019. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
10/02/2019Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Reply Briefs on the Merits filed on behalf of Texas Board of Chiropractic Examiners, et al.
10/01/2020Amicus Curiae Letter Received  Amicus Curiae Letter of Clems Martin received.
09/28/2020Amicus Curiae Letter Received  Amicus Curiae Letter received on behalf of Ron Beal.
09/25/2019Brief on the Merits  Response Brief on the Merits filed on behalf of Texas Medical Association.
09/21/2020Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of Ron Beal.
09/17/2020Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of Ron Beal.
09/16/2020Oral argument   Argued on behalf of Petitioners, Texas Board of Chiropractic Examiners; Patrick Fortner, in his Official Capacity as the Board’s Executive Director, by Ari Cuenin; Argued on behalf of Petitioner, Texas Chiropractic Association, by Matt C. Wood; Argued on behalf of respondent by David F. Bragg
09/16/2020Oral argument   Argued on behalf of Petitioners, Texas Board of Chiropractic Examiners; Patrick Fortner, in his Official Capacity as the Board’s Executive Director, by Ari Cuenin; Argued on behalf of Petitioner, Texas Chiropractic Association, by Matt C. Wood; Argued on behalf of respondent by David F. Bragg
09/15/2020Electronic communication sent to Party  Email sent to counsel for Respondent regarding Oral Argument Exhibits.
09/14/2020Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of Texas Medical Association.
09/04/2020Submission Schedule 
09/03/2019Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Respondent's Brief on the Merits granted.  Further requests for extensions of time will be disfavored.  Respondent's brief is due no later than September 25, 2019; and Reply brief is due October 10, 2019.
09/02/2019Motion 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 Texas Medical Associtiaon.
08/21/2019Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Texas Board of Chiropractic Examiners, et al.
08/21/2019Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Texas Chiropractic Association.
08/20/2020Oral Argument Submission Form from Attorney received  Oral Argument Submission form filed on behalf of the Texas Chiropractic Association. Argument will be presented by Matt C. Wood of Weisbart Springer Hayes, LLP in Ausitn.
08/20/2020Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Petitioners, Texas Board of Chiropractic Examiners, et al. Oral Argument will be presented by Ari Cuenin of the Office of the Solicitor General of Austin, Texas.
08/17/2020Amicus Curiae Brief received  Amicus Curiae Brief of American Medical Association submitted by Alexandra Wilson of Alexander Dubose & Jefferson LLP of Austin, Texas.
08/14/2020Letter sent to parties from Supreme Court - See Remarks  Letter sent to parties stating, "The Supreme Court of Texas set the above-referenced cause for oral submission for Wednesday, September 16, 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."
07/16/2019Pro hac vice motion disposedFiling granted Motion in Support of Motion for Admission Pro Hac Vice of Non-Resident Attorney Jack S. Sholkoff is granted.
07/16/2019Pro hac vice motion disposedFiling granted Motion for Admission Pro Hac Vice of Non-Resident Attorney Jack S. Sholkoff is granted.
07/16/2019Pro hac vice motion filed  Motion in Support of Motion for Admission Pro Hac Vice of Non-Resident Attorney Jack S. Sholkoff filed on behalf of amicus curiae, Parker University.
07/16/2019Pro hac vice motion filed  Motion for Admission Pro Hac Vice of Non-Resident Attorney Jack S. Sholkoff filed on behalf of amicus curiae, Parker University.
07/15/2019Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Brief on the Merits is granted. Petitioners' briefs are due August 21, 2019. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response briefs are due September10, 2019. Reply briefs are due September 25, 2019.
07/15/2019Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Petitioner’s Brief on the Merits was filed on behalf of Texas Board of Chiropractic Examiners, et al.
07/10/2019Phone call from Clerk's Office  Left message for Mr. Urich regarding motions pro hac vice.
07/07/2020Call received  Call received from counsel for American Chiropractic Association regarding Amicus Brief received on June 20, 2020.
06/28/2019Phone call from Clerk's Office  Call to counsel for Amicus party, Parker University, to file Motions for admission pro hac vice for non-resident attorney.
06/28/2019Amicus Curiae Brief received  Amicus Curiae Brief of Parker University received from Sean C. Urich, Collin K. Brodrick and Jack S. Sholkoff of Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
06/26/2020Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of Respondent, Texas Medical Association. Oral Argument will be presented by David F. Bragg of David F. Bragg P.C. of Bastrop, Texas.
06/26/2020Case set for oral argumentCase set for oral argument This cause has been set for oral argument at 9:00 a.m., September 16, 2020.  Time allotted to argue: 20/20 minutes
06/26/2020Case set for oral argumentCase set for oral argument This cause has been set for oral argument at 9:00 a.m., September 16, 2020.  Time allotted to argue: 20/20 minutes
06/21/2019Brief on the Merits Ordered  Brief on the merits requested: Petitioner's brief due no later than July 22, 2019; Response brief due August 12, 2019; Reply brief due August 27, 2019.
06/20/2020Amicus Curiae Letter Received  Amicus Letter received on behalf of Ron Beal.
06/20/2019Amicus Curiae Letter Received  Amicus Curiae Letter of Texas Chiropractic College received from Stacy Obenhaus and Rachel Steely of Foley & Lardner LLP.
06/13/2019Call received  Call received regarding resubmission of Amicus Brief.
06/12/2019Amicus Curiae Brief received  Amicus Brief received from American Chiropractic Association.
04/10/2019Reply to Response to Petition filed   Reply in Support of Petition for Review filed on behalf of Texas Chiropractic Association.
04/10/2019Reply to Response to Petition filed   Reply in Support of Petition for Review filed on behalf of TBCE, et al.
04/03/2020Amicus Curiae Letter Received  Amicus Curiae Letter received from Ron Beal.
04/02/2019Case forwarded to Court 
04/02/2019Case forwarded to Court 
03/26/2019Response to Petition  Response to Texas Chiropractic Association's Petition for Review filed on behalf of Texas Medical Association.
03/26/2019Response to Petition  Response to Texas Board of Chiropractic Examiners and Patrick Fortner Petition for Review filed on behalf of Texas Medical Association.
03/20/2020Amicus Curiae Letter Received  Amicus Curiae Letter received from Ron Beal.
03/13/2020Petition for Review disposedFiling granted The date and time for oral argument are yet to be determined.
03/13/2020Petition for Review granted 
03/13/2020Petition for Review disposedFiling granted The date and time for oral argument are yet to be determined.
03/13/2020Petition for Review granted 
03/05/2021Mandate issued  Mandate & Cost Bill Issued
02/27/2019Petition for Review #2  Petition for Review filed on behalf of the Texas Board of Chiropractic Examiners and Patrick Fortner, in his Official Capacity as the Board's Executive Director.
02/27/2019Petition for Review  Petition for Review filed on behalf of Texas Chiropractic Association.
02/26/2021Amicus Curiae Letter Received  Amicus Curiae Letter of Ron Beal received.
02/10/2021Amicus Curiae Letter Received  Amicus Curiae Letter of Ron Beal received.
02/05/2021Amicus Curiae Letter Received  Amicus Curiae Letter of Ron Beal received.
02/05/2021Amicus Curiae Brief received 
01/31/2021Amicus Curiae Letter Received  Amicus Curiae Letter of Ron Beal received.
01/29/2021Amicus Curiae Letter Received  Amicus Curiae Letter of Ron Beal received.
01/29/2021Court approved judgment sent to attorneys of recordIssued
01/29/2021Dissenting opinion issued.Issued Justice Bland delivered a dissenting opinion, in which Justice Boyd joined.
01/29/2021Opinion issuedIssued
01/29/2021Opinion issuedCourt of Appeals' judgment reversed & judgment rendered The Court reverses the court of appeals' judgment in part and renders judgment. Chief Justice Hecht delivered the opinion of the Court, in which Justice Guzman, Justice Lehrmann, Justice Devine, Justice Blacklock, and Justice Busby joined in full, and in which Justice Boyd and Justice Bland joined except with respect to Part III(D).
(1/29/2021 1:08:51 AM) 181223.pdf, 181223d.pdf, 18-1223.jmt.pdf
01/07/2020Amicus Curiae Brief received  Amicus Curiae Brief of Accident & Injury Pain Centers, Inc. submitted by P. Michael Jung of Clark, Hill, Strasburger of Dallas, Texas.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
03/05/2021Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
American Chiropractic AssociationAmicus CuriaeMr. Daniel W. Daly III
Beal, RonAmicus CuriaeMr. Ronald Lynn Beal
Patrick Fortner, in his Official Capacity as the Board's Executive DirectorPetitionerAtty. Gen. W. Kenneth Paxton Jr.
Mr. Kyle D. Hawkins
Mr. Jeffrey C. Mateer
Ms. Karen L. Watkins  
Mr. Joe H. Thrash
Mr. Ari Cuenin
Federation of Chiropractic Licensing BoardsAmicus CuriaeMr. Thomas Phillips
Ms. Delaney J. McMullan
Texas Chiropractic AssociationPetitionerMr. Matthew C. Wood
Mr. Jason D. Ray
Texas Medical AssociationRespondentMr. David F. Bragg
Mr. Donald P. Wilcox
Synapse: Human Performance CenterAmicus CuriaeMr. David E. Keltner
Mr. John R. Johnson II
Texas Chiropractic CollegeAmicus CuriaeMr. Stacy R. Obenhaus
Ms. Rachel Steely
Parker UniversityAmicus CuriaeMr. Sean Carter Urich
Mr. Jack S. Sholkoff
Mr. Collin Brodrick
Texas Board of Chiropractic ExaminersPetitionerMs. Karen L. Watkins  
Atty. Gen. W. Kenneth Paxton Jr.
Mr. Kyle D. Hawkins
Mr. Joe H. Thrash
Mr. Ari Cuenin
Mr. Jeffrey C. Mateer
Martin, Clems Amicus CuriaeClems Martin
Accident & Injury Pain Centers, Inc.Amicus CuriaeMr. P. Michael Jung
American Medical AssociationAmicus CuriaeMs. Amy Warr
Ms. Alexandra W. Albright
National Board of Chiropractic ExaminersAmicus CuriaeMr. Thomas Phillips
Ms. Delaney J. McMullan
Court of Appeals Information:
Aff/Pt and Rev & Ren/Pt 
566 SW3d 776, 11-21-18 
3rd Court of Appeals 
Honorable Cindy Olson Bourland 
Trial Court Information
353rd District Court 
Travis 
Honorable Rhonda G. Hurley 
D-1-GN-11-000326