Supreme Court

Case: 21-0028    
21-0028
01/12/2021
Petition for Review/Cause under Rule 53.1
TOTALENERGIES E&P USA, INC. 
MP GULF OF MEXICO, LLC 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
05/01/2023Motion for RehearingPetitioner's motion for rehearing of cause filed Motion for Rehearing filed on behalf of TOTALENERGIES E&P USA, INC.
09/19/2022Exhibits in case/cause filedRespondent Oral Argument Exhibits filed on behalf of MP Gulf of Mexico, LLC.
09/19/2022Exhibits in case/cause filedPetitioner Oral Argument Exhibits filed on behalf of TOTALENERGIES E&P USA, INC.
09/13/2022Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of Professor Alan S. Rau, James L. Loftis, and Timothy James Tyler. Submitted by James L. Loftis, and Timothy James Tyler from Houston, Texas.
09/06/2022Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of the Texas Civil Justice League, submitted by George S. Christian of Austin, Texas.
05/13/2022Reply BriefPetitioner Reply Brief on the Merits filed on behalf of TotalEnergies E&P, USA, Inc.
02/25/2022Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of MP Gulf of Mexico, LLC.
12/08/2021Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of TotalEnergies E&P USA, Inc.
08/05/2021Reply to Response to Petition filed Petitioner Reply in support of Petition for Review filed on behalf of Total E&P USA, Inc.
08/04/2021Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of Total E&P USA, Inc. submitted by Robert C. Owen, et al on behalf of Professor George E. Bermann.
07/21/2021Response to PetitionRespondent Response to Petition for Review filed on behalf of MP Gulf of Mexico, LLC.
04/02/2021Petition for ReviewPetitioner Petition for Review filed on behalf of Total E&P USA, Inc.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
06/09/2023Mandate issued  Mandate & Cost Bill Issued
06/09/2023Corrected opinion  The Court's opinion issued April 14, 2023 is corrected.  The concurring opinion by Justice Bland and the dissenting opinion by Justice Busby remain in place. (Justice Huddle and Justice Young not participating)
(6/9/2023 1:21:31 PM) 210028cr.pdf
06/09/2023Motion for Rehearing - DisposedDenied with Justice not sitting. (Justice Huddle and Justice Young not participating)
05/01/2023Case forwarded to Court 
05/01/2023Motion for Rehearing  Motion for Rehearing filed on behalf of TOTALENERGIES E&P USA, INC.
04/14/2023Court approved judgment sent to attorneys of recordIssued
04/14/2023Dissenting opinion issued.Issued Justice Busby filed a dissenting opinion.
04/14/2023Concurring Opinion issued.Issued Justice Bland filed a concurring opinion.
04/14/2023Opinion issuedCourt of appeals' judgment affirmed **Opinion Corrected on 6/9/23*** The Court affirms the court of appeals' judgment. Justice Boyd delivered the opinion of the Court, in which Chief Justice Hecht, Justice Lehrmann, Justice Devine, Justice Blacklock, and Justice Bland joined. (Justice Huddle and Justice Young not participating)
(4/14/2023 2:42:25 PM) 210028d.pdf, 210028c.pdf, 210028.pdf, 21-0028.jmt.pdf
09/20/2022Oral argument   Argued on behalf of Petitioner by John F. Bash; Argued on behalf of Respondent  by Stephanie F. Cagniart
09/19/2022Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of MP Gulf of Mexico, LLC.
09/19/2022Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of TOTALENERGIES E&P USA, INC.
09/16/2022Submission Schedule 
09/14/2022Letter Filed  Letter filed on behalf of TOTALENERGIES E&P USA, Inc.
09/13/2022Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of Professor Alan S. Rau, James L. Loftis, and Timothy James Tyler. Submitted by James L. Loftis, and Timothy James Tyler from Houston, Texas.
09/06/2022Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of the Texas Civil Justice League, submitted by George S. Christian of Austin, Texas.
09/06/2022Motion to withdraw disposed ofFiling granted Motion to Withdraw David Goode as counsel is granted.
09/02/2022Oral Argument Submission Form from Attorney received  Oral Argument Submission Form received on behalf of MP Gulf of Mexico. Oral Argument will be presented by Stephanie F. Cagniart of Baker Botts, L.L.P.
09/02/2022Motion to Withdraw Filed  Unopposed Motion to Withdraw David Goode as Counsel filed on behalf of MP Gulf of Mexico, LLC.
09/02/2022Notice from Counsel of a change in address  Notice of Change of Address for Thomas R. Phillips filed on behalf of MP Gulf of Mexico, LLC.
09/02/2022Notice from Counsel of a change in address  Notice of Change of Address for Stephanie Cagniart filed on behalf of MP Gulf of Mexico, LLC.
07/25/2022Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of TotalEnergies E&P, USA, Inc. Oral Argument will be presented by John Bash of Quinn Emanuel Urquhart & Sullivan, LLP of Austin, Texas.
06/24/2022Case set for oral argumentCase set for oral argument The case has been set for oral argument at 9 a.m., September 20, 2022. Time allotted to argue: 20/20 minutes
06/17/2022Petition for Review disposedFiling granted The date and time for oral argument are yet to be determined. (Justice Huddle and Justice Young not participating)
06/17/2022Petition for Review granted 
05/13/2022Reply Brief  Reply Brief on the Merits filed on behalf of TotalEnergies E&P, USA, Inc.
04/11/2022Motion for Extension of Time disposed.Filing granted Unopposed Second Motion for Extension of Time to file Petitioner's Reply Brief on the Merits is granted. Petitioner's Reply Brief on the Merits is due no later than May 13, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
04/07/2022Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Petitioner's Reply Brief on the Merits filed on behalf of TotalEnergies E&P, USA, Inc.
03/02/2022Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Petitioner's Reply Brief on the Merits is granted. Reply Brief is due April 13, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
03/02/2022Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Petitioner's Reply Brief on the Merits filed on behalf of TotalEnergies E&P, USA, Inc.
02/25/2022Brief on the Merits  Respondent's Brief on the Merits filed on behalf of MP Gulf of Mexico, LLC.
12/16/2021Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Respondent's Brief on the Merits granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Response Brief is due February 25, 2022. Reply Brief is due March 14, 2022.
12/16/2021Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of MP Gulf of Mexico, LLC.
12/08/2021Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of TotalEnergies E&P USA, Inc.
12/03/2021Motion to withdraw disposed ofFiling granted Respondent's Motion to Withdraw Evan Young as Counsel and Substitute Stephanie Cagniart as Counsel granted
11/29/2021Motion to Withdraw Filed  Unopposed Motion to Withdraw and Substitute Counsel filed on behalf of Gulf of Mexico, LLC.
10/22/2021Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Brief on the Merits is granted. Petitioner's Brief on the Merits is due December 8, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Respondent's Brief on the Merits is due December 28, 2021. Petitioner's Reply Brief on the Merits is due January 12, 2022.
10/22/2021Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of TotalEnergies E&P USA, Inc.
09/07/2021Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Brief on the Merits is granted. Petitioner's Brief is due on November 3, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Respondent's Brief is due on November 23, 2021. Reply Brief is due on December 8, 2021.
09/07/2021Motion 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 TotalEnergies E&P USA, Inc.
09/03/2021Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than October 4, 2021; Response brief due October 25, 2021; Reply brief due November 9, 2021.
09/03/2021Miscellaneous motion disposed. See Remarks.Filing granted Motion to Change Caption granted. Caption is changed to TOTALENERGIES E&P USA, INC. v. MP GULF OF MEXICO, LLC.
09/03/2021Miscellaneous Motion  Motion to Change Caption filed on behalf of Total E&P USA, Inc.
09/02/2021Call received  Call received from Counsel for Petitioner.
08/05/2021Reply to Response to Petition filed   Reply in support of Petition for Review filed on behalf of Total E&P USA, Inc.
08/05/2021Pro hac vice motion disposedFiling granted Motion of Resident Attorney Robert C. Owen in support of J. Samuel Tenenbaum's Admission Pro Hac Vice is granted.
08/05/2021Pro hac vice motion disposedFiling granted Motion for Admission Pro Hac Vice for J. Samuel Tenenbaum is granted.
08/04/2021Pro hac vice motion filed  Motion of Resident Attorney Robert C. Owen in support of J. Samuel Tenenbaum's Admission Pro Hac Vice on behalf of George A. Bermann.
08/04/2021Pro hac vice motion filed  Motion for Admission Pro Hac Vice for J. Samuel Tenenbaum filed on behalf of George A. Bermann.
08/04/2021Amicus Curiae Brief received  Amicus Curiae Brief of Total E&P USA, Inc. submitted by Robert C. Owen, et al on behalf of Professor George E. Bermann.
07/21/2021Response to Petition  Response to Petition for Review filed on behalf of MP Gulf of Mexico, LLC.
06/17/2021Motion 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 21, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
06/17/2021Motion for Extension of Time to File Response  Motion for Extension of Time to file Response to Petition for Review filed on behalf of MP Gulf of Mexico, LLC.
05/21/2021Supreme Court of Texas Requested Response  Requested response to petition for review due no later than June 21, 2021.
04/20/2021Case forwarded to Court 
04/13/2021Response Waiver filed  Response Waiver filed on behalf of MP Gulf of Mexico, LLC.
04/02/2021Petition for Review  Petition for Review filed on behalf of Total E&P USA, Inc.
02/18/2021Second 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 April 2, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
02/18/2021Second 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 Total E&P USA, Inc.
01/12/2021Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time to file Petition for Review granted. Petition for Review due March 3, 2021.
01/12/2021Motion for Extension of Time to File Petition for Review filed  Motion for Extension of Time to file Petition for Review filed on behalf of Total E&P USA, Inc.
01/12/2021Clerk's Record 
01/12/2021Clerk's Record 
01/12/2021Clerk's Record 
01/12/2021Clerk's Record 
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
06/09/2023Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Bermann , George A.Amicus CuriaeMr. Robert Owen
Mr. J. Samuel Tenebaum
TotalEnergies E&P USA, Inc.PetitionerMr. Bryan Rohm
Mr. Karl S. Stern
Ms. Rachel A. Ekery  
Mr. John F. Bash III
Ms. Elizabeth Devaney
Mr. Wallace B. Jefferson  
Mr. Christopher Porter
Mr. William J. Boyce
Mr. Nicholas Caluda
MP Gulf of Mexico, LLCRespondentMr. William K. Kroger
Mr. Jason A. Newman
Ms. Stephanie F. Cagniart  
Mr. Justin Lipe
Mr. J. Mark Little  
Ms. Amy Pharr Hefley
Mr. Thomas Phillips
Texas Civil Justice LeagueAmicus CuriaeMr. George S. Christian
Professor Alan S. Rau, James L. Loftis, and Timothy J. TylerAmicus CuriaeMr. Timothy James Tyler
Mr. James L. Loftis
Court of Appeals Information:
Reverse & Render 
647 SW3d 96, 12-16-20 
12th Court of Appeals 
Honorable Gregory W. Neeley 
Trial Court Information
165th District Court 
Harris 
Honorable Ursula A. Hall 
2020-29728