Supreme Court

Case: 20-0079    
20-0079
01/30/2020
Second Petition for Review/Cause under Rule 53.1
JAMES CONSTRUCTION GROUP, LLC AND PRIMORIS SERVICES CORPORATION 
WESTLAKE CHEMICAL CORPORATION 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
07/06/2022Motion for RehearingPetitioner's motion for rehearing of cause filed Motion for Rehearing filed on behalf of James Construction Group, LLC, et al.
10/25/2021Exhibits in case/cause filedPetitioner Oral Argument Exhibits filed on behalf of  James Construction Group, LLC, et al.
10/25/2021Exhibits in case/cause filedRespondent Oral Argument Exhibits filed on behalf of Westlake Chemical Corporation.
04/15/2021Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of Associated General Contractors-Texas Building Branch, et al. submitted by Karlene Poll of Kuhn Hobbs PLLC of Houston, Texas.
03/03/2021Brief on the MeritsPetitioner's Reply Brief Reply Brief on the Merits filed on behalf of James Construction Group, LLC, et al.
01/19/2021Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of Westlake Chemical Corporation.
01/19/2021Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of James Construction Group, LLC, et al.
11/25/2020Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of James Construction Group LLC, et al.
10/28/2020Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Westlake Chemical Corporation.
08/13/2020Reply to ResponsePetitioner Reply in support of Petition for Review filed on behalf of James Construction Group, LLC, et al.
07/15/2020Response to PetitionRespondent Response to Petition for Review filed on behalf of Westlake Chemical Corporation.
07/14/2020Response to PetitionRespondent Response to Cross-Petition for Review filed on behalf of James Construction Group, LLC.
04/07/2020Petition for Review #2Petitioner Petition for Review filed on behalf of Westlake Chemical Corporation.
03/09/2020Petition for ReviewPetitioner Petition for Review filed on behalf of James Construction Group, LLC, et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
09/02/2022Mandate issued  Mandate & Cost Bill Issued
09/02/2022Motion for Rehearing - DisposedDenied
07/06/2022Case forwarded to Court 
07/06/2022Motion for Rehearing  Motion for Rehearing filed on behalf of James Construction Group, LLC, et al.
06/07/2022Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Motion for Extension of Time to file Motion for Rehearing is granted. Motion for Rehearing is due July 6, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
06/07/2022Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Motion for Extension of Time to file Motion for Rehearing is granted. Motion for Rehearing is due July 6, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
06/06/2022Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of James Construction Group, et al.
06/06/2022Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of Westlake Chemical Corporation.
05/23/2022Letter sent to parties from Supreme Court - See Remarks  Letter sent to parties regarding the revision on page 3, first paragraph, third sentence which updated the word "elide" to "elude"
(5/23/2022 1:25:16 PM) 200079.pdf
05/20/2022Court approved judgment sent to attorneys of recordIssued
05/20/2022Dissenting opinion issued.Issued Justice Boyd delivered an opinion dissenting in part, in which Justice Blacklock and Justice Huddle joined.
05/20/2022Dissenting opinion issued.Issued Chief Justice Hecht delivered an opinion dissenting in part, in which Justice Devine, Justice Busby, and Justice Bland joined.
05/20/2022Opinion issuedCourt affirms in part and reverses in part CA judgment and remands to trial court The Court affirms in part and reverses in part the court of appeals' judgment and remands the case to the trial court. Justice Lehrmann delivered the opinion of the Court, in which Justice Young joined in full, in which Chief Justice Hecht, Justice
Devine, Justice Busby, and Justice Bland joined as to Parts I and II(D), and in which Justice Boyd, Justice Blacklock, and Justice Huddle joined as to Parts I, II(A), II(B), II(C), and II(E).
(5/20/2022 4:44:52 PM) 200079d2.pdf, 200079.pdf, 200079d1.pdf, 20-0079.jmt.pdf
05/19/2022Motion to withdraw disposed ofFiling granted Motion to Withdraw Yvonne Y. Ho as Counsel for Respondent is granted.
05/19/2022Motion to Withdraw Filed  Unopposed Motion to Withdraw Yvonne Y. Ho as Counsel for Respondent filed on behalf of Westlake Chemical Corporation.
05/10/2022Electronic communication sent to Party  Email sent to assistant for counsel regarding filing of motion to withdraw.
04/27/2022Electronic communication received from Party  Email from counsel regarding filing letter notice rather than motion to withdraw.
04/26/2022Letter Filed  Notice of Withdrawal of Counsel filed on behalf of Westlake Chemical Corporation.
10/26/2021Oral argument   Argued on behalf of Petitioners by Anthony T. Golz; Argued on behalf of Respondent Warren W. Harris
10/26/2021Oral argument   Argued on behalf of Petitioners by Anthony T. Golz; Argued on behalf of Respondent Warren W. Harris
10/25/2021Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of  James Construction Group, LLC, et al.
10/25/2021Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of Westlake Chemical Corporation.
10/22/2021Submission Schedule 
10/22/2021Petition for Review disposedDismissed
10/22/2021Motion to dismiss disposedFiling granted Unopposed Motion to Dismiss Conditional Cross-Petition for Review granted.  Petition for Review filed on behalf of Respondent/Cross-Petitioner, Westlake Chemical Corporation, is dismissed.
10/18/2021Miscellaneous Motion  Motion to Dismiss Cross-Petition for Review filed on behalf of Westlake Chemical Corporation.
09/22/2021Oral Argument Submission Form from Attorney received  Oral Argument Submission form submitted on behalf of Westlake Chemical Corporation. Oral Argument will be presented by Warren W. Harris of Bracewell LLP of Houston, TX.
09/22/2021Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Mr. Anthony T. Golz with Cokinos | Young of Houston, Texas, filed on behalf of James Construction Group, LLC, et al.
09/01/2021Letter sent to parties from Supreme Court - See Remarks  Additional information sent to parties regarding upcoming in-person oral arguments.  
06/25/2021Case set for oral argumentCase set for oral argument This cause has been set for oral argument at 9:00 a.m., October 26, 2021.  Time allotted to argue: 20/20 minutes
06/25/2021Case set for oral argumentCase set for oral argument This cause has been set for oral argument at 9:00 a.m., October 26, 2021.  Time allotted to argue: 20/20 minutes
06/11/2021Petition for Review disposedFiling granted The date and time for oral argument are yet to be determined.
06/11/2021Petition for Review granted 
06/11/2021Petition for Review disposedFiling granted The date and time for oral argument are yet to be determined.
06/11/2021Petition for Review granted 
04/15/2021Amicus Curiae Brief received  Amicus Curiae Brief of Associated General Contractors-Texas Building Branch, et al. submitted by Karlene Poll of Kuhn Hobbs PLLC of Houston, Texas.
03/03/2021Brief on the Merits  Reply Brief on the Merits filed on behalf of James Construction Group, LLC, et al.
02/23/2021Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Reply Brief on the Merits granted. Further requests for extensions of time for this filing will not be considered. Reply Brief due March 3, 2021.
02/22/2021Motion for Extension of Time to File Brief filed  Second Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of James Construction Group, LLC, et al.
02/03/2021Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Reply Brief on the Merits granted. Further requests for extensions of time will be disfavored.  Reply brief is due no later than February 24, 2021.
02/02/2021Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of James Construction Group, LLC, et al.
01/19/2021Brief on the Merits  Response Brief on the Merits filed on behalf of Westlake Chemical Corporation.
01/19/2021Brief on the Merits  Response Brief on the Merits filed on behalf of James Construction Group, LLC, et al.
12/14/2020Call received  Call received from counsel for James Construction Group, LLC, et al. regarding briefing schedule.
12/09/2020Motion for Extension of Time disposed.Filing granted Motion for Second Extension of Time to file Response Brief on the Merits granted. Response Briefs due January 19, 2021. Reply Briefs due February 3, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
12/09/2020Motion for Extension of Time to File Brief filed  Motion for Second Extension of Time to file Response Brief on the Merits filed on behalf of Westlake Chemical Corporation.
11/26/2020Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Response Brief on the Merits granted. Response Brief due December 17, 2020. Further requests for extensions of time for this filing will be disfavored. Reply Brief due January 4, 2021.
11/26/2020Motion 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 James Construction Group, LLC, et al.
11/25/2020Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of James Construction Group LLC, et al.
10/28/2020Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Westlake Chemical Corporation.
10/26/2020Motion for Extension of Time disposed.Filing granted Second Unopposed Motion for Extension of Time to file Petitioner's Brief on the Merits granted. Petitioner's Brief on the Merits due November 25, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Response Brief due December 15, 2020. Reply Brief due December 30, 2020.
10/26/2020Motion for Extension of Time to File Brief filed  Second Unopposed Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of James Construction Group LLC, et al.
09/23/2020Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioner's Brief on the Merits granted. Petitioners' Briefs on the Merits due October 28, 2020 Response Briefs due November 17, 2020. Reply Briefs due December 2, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
09/23/2020Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Westlake Chemical Corporation.
09/23/2020Motion 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 28, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Respondent's Brief on the Merits is due November 17, 2020. Reply Brief is due December 2, 2020.
09/23/2020Motion 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 James Construction Group, LLC, et al.
08/28/2020Brief on the Merits Ordered  Brief on the Merits requested:  Petitioner's brief on the merits due no later than September 28, 2020; Response brief due October 19, 2020; Reply brief due November 3, 2020.
08/13/2020Reply to Response  Reply in support of Petition for Review filed on behalf of James Construction Group, LLC, et al.
07/29/2020MET to file reply disposed ofFiling granted Unopposed Motion for Extension of Time to file Reply in support of Petition for Review granted. Reply due August 13, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
07/29/2020Motion 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 James Construction Group, LLC, et al.
07/15/2020Response to Petition  Response to Petition for Review filed on behalf of Westlake Chemical Corporation.
07/14/2020Response to Petition  Response to Cross-Petition for Review filed on behalf of James Construction Group, LLC.
06/12/2020Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Response to Petition for Review granted. Response due July 15, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
06/10/2020Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Conditional Cross-Petition for Review filed on behalf of James Construction Group, LLC, et al.
06/05/2020Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Response to Petition for Review granted. Further requests for extensions of time will be disfavored. Response is due no later than July 15, 2020.
06/03/2020Motion for Extension of Time to File Response  Motion for Extension of Time to file Response to Petition for Review filed on behalf of Westlake Chemical Corp.
05/15/2020Supreme Court of Texas Requested Response  Requested responses to petitions for review due June 15, 2020.
04/14/2020Case forwarded to Court 
04/14/2020Case forwarded to Court 
04/08/2020Response Waiver filed  Response Waiver to conditional cross-petition for review filed on behalf of James Construction Group, LLC and Primoris Services Corporation.
04/07/2020Petition for Review #2  Petition for Review filed on behalf of Westlake Chemical Corporation.
04/07/2020Response Waiver filed  Response Waiver filed on behalf of Westlake Chemical Corporation.
03/09/2020Petition for Review  Petition for Review filed on behalf of James Construction Group, LLC, et al.
02/28/2020Second Motion for Extension of Time to File Petition for Review disposedFiling granted Second Motion for Extension of Time to file Petition for Review granted. Petition for Review due March 9, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
02/28/2020Second Motion for Extension of Time to File Petition for Review filed  Second Motion for Extension of Time to file Petition for Review filed on behalf of James Construction Group, LLC, et al.
01/30/2020Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time to file Petition for Review is granted. Petition for Review is due March 2, 2020.
01/30/2020Motion 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 James Construction Group, LLC, et al.
01/30/2020Clerk's Record 
01/30/2020Court reporter/recorder's record 
01/30/2020Clerk's Record 
01/30/2020Court reporter/recorder's record 
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
09/02/2022StatusCase to be stored 
Parties
Party▲▼Party Type▲▼Representative▲▼
Associated General Contractors-Texas Building BranchAmicus CuriaeLisa Erin Hobbs
Ms. Karlene D. Poll
Associated General Contractors Houston ChapterAmicus CuriaeMs. Karlene D. Poll
Lisa Erin Hobbs
Associated General Contractors Austin ChapterAmicus CuriaeMs. Karlene D. Poll
Lisa Erin Hobbs
James Construction Group, LLCPetitionerMr. Roger D. Townsend
Mr. Gregory M. Cokinos
Mr. Robert Naudin Jr.
Mr. Anthony T. Golz
TEXO The Construction AssociationAmicus CuriaeLisa Erin Hobbs
Ms. Karlene D. Poll
Primoris Services CorporationPetitionerMr. Anthony T. Golz
Mr. Gregory M. Cokinos
Mr. Robert Naudin Jr.
Mr. Roger D. Townsend
Westlake Chemical CorporationRespondentMr. Shawn D. Blackburn
Mr. Warren W. Harris
Mr. William R. H. Merrill
Mr. Ryan V. Caughey
Mr. Walter Simons
Associated General Contractors San Antonio ChapterAmicus CuriaeMs. Karlene D. Poll
Lisa Erin Hobbs
Court of Appeals Information:
Aff As Mod 
594 SW3d 722, 12-17-20 
14th Court of Appeals 
Honorable Kevin D. Jewell 
Trial Court Information
334th District Court 
Harris 
Honorable Steven E. Kirkland 
2014-72717