| Date▲▼ | Event Type▲▼ | Disposition▲▼ | Remarks | Document |
| 08/12/2024 | Mandate issued | |
Mandate & Cost Bill Issued
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| 06/28/2024 | Court approved judgment sent to attorneys of record | Issued |
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| 06/28/2024 | Dissenting opinion issued. | Issued |
Justice Young filed a dissenting opinion, in which Justice Blacklock joined.
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| 06/28/2024 | Concurring Opinion issued. | Issued |
Justice Busby filed a concurring opinion, in which Justice Devine, Justice Blacklock, and Justice Young joined.
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| 06/28/2024 | Opinion issued | Court of Appeals' judgment reversed, trial court judgment reinstated |
The Court reverses the court of appeals' judgment and reinstates the trial court's judgment. Justice Boyd delivered the opinion of the Court, in which Chief Justice Hecht, Justice Lehrmann, Justice Devine, Justice Busby, Justice Bland, and Justice Huddle joined, and which Justice Blacklock and Justice Young joined as to Parts I, II, and III.
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| 01/23/2024 | Amended Brief filed | |
Amended Amicus Curiae Brief received on behalf of David M. Gunn and Russell S. Post of Beck Redden LLP of Houston, Texas.
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| 01/23/2024 | Call received | |
Call received from Amicus Curiae party regarding filing.
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| 01/19/2024 | Brief on the Merits | |
Additional Briefing filed on behalf of Kansas City Southern Railway Company.
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| 01/19/2024 | Amicus Curiae Brief received | |
Amicus Curiae Brief received on behalf of David M. Gunn and Russell S. Post of Beck Redden LLP of Houston, Texas.
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| 01/19/2024 | Amicus Curiae Brief received | |
Amicus Curiae Brief received on behalf of the Texas Association of Defense Counsel and American Trucking Associations submitted by Thomas C. Wright of Wright Close & Barger, LLP of Houston, Texas, et al.
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| 12/15/2023 | cause reinstated to active docket | |
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| 12/15/2023 | Motion for Rehearing - Disposed | Filing granted |
Motion for Rehearing filed on behalf of Angela Horton, et al. is granted. Petitioners' motion for rehearing is granted. The Court invites additional briefing solely regarding the applicability of Crown Life Insurance Co. v. Casteel, 22 S.W.3d 378 (Tex. 2000), as addressed in Part IV of the Court’s June 30, 2023 opinion. Any further briefing from the parties should be filed by Friday, January 19, 2024.
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| 12/15/2023 | Motion for Rehearing - Disposed | Denied |
Motion for Rehearing, filed on behalf of Kansas City Southern Railway Co., denied
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| 11/06/2023 | Reply to Response to Motion for Rehearing filed | |
Reply in support of Motion for Rehearing filed on behalf of Angela Horton, et al.
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| 10/23/2023 | Response to Motion for Rehearing | |
Response to Motion for Rehearing filed on behalf of Kansas City Southern Railway Company.
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| 10/13/2023 | Motion for Extension of Time to File Response disposed | Filing granted |
Unopposed Motion for Extension of Time to file Response to Motion for Rehearing is granted. Response is due October 23, 2023. Further requests for extensions of time for this filing will be disfavored.
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| 10/12/2023 | Motion for Extension of Time to File Response | |
Unopposed Motion for Extension of Time to file Response to Motion for Rehearing filed on behalf of Kansas City Southern Railway Company.
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| 09/29/2023 | Supreme Court of Texas Requested Response | |
Requested response to motion for rehearing on behalf of Angela Horton due no later than October 16, 2023.
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| 08/21/2023 | Call received | |
Call received from counsel for Petitioner regarding Brief.
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| 08/21/2023 | Amicus Curiae Brief received | |
Amicus Curiae Brief filed on behalf of Harvey Brown and W. Daryl Moore. Submitted by Harvey G. Brown of the Lanier Law Firm of Houston, Texas and W. Daryl Moore of Ahmad, Zavitsanos, & Mensing of Houston, Texas.
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| 08/01/2023 | Case forwarded to Court | |
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| 08/01/2023 | Case forwarded to Court | |
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| 07/31/2023 | Motion for Rehearing for pet #2 | |
Motion for Rehearing filed on behalf of Kansas City Southern Railway Co.
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| 07/31/2023 | Motion for Rehearing | |
Motion for Rehearing filed on behalf of Angela Horton, et al.
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| 07/10/2023 | Motion for Extension of Time to File Motion for Rehearing disposed | Filing granted |
Motion for Extension of Time to file Motion for Rehearing is granted. Motion for Rehearing is due July 31, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
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| 07/07/2023 | Motion for Extension of Time to File Motion for Rehearing | |
Motion for Extension of Time to file Motion for Rehearing filed on behalf of Angela Horton, et al.
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| 07/07/2023 | Motion for Extension of Time to File Motion for Rehearing disposed | Filing granted |
Motion for Extension of Time to file Motion for Rehearing granted. Motion for Rehearing is due July 31, 2023. Further requests for extensions of time for this filing will be disfavored.
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| 07/06/2023 | Motion for Extension of Time to File Motion for Rehearing | |
Motion for Extension of Time to file Motion for Rehearing filed on behalf of Kansas City Southern Railway Co.
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| 06/30/2023 | Court approved judgment sent to attorneys of record | Issued |
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| 06/30/2023 | Concurring Opinion issued. | Issued |
Justice Busby filed a concurring opinion, in which Justice Devine, Justice Blacklock, and Justice Young joined.
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| 06/30/2023 | Opinion issued | Issued |
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| 06/30/2023 | Opinion issued | Court of Appeals' judgment affirmed/remanded to trial court |
The Court affirms the court of appeals' judgment and remands the case to the trial court. Justice Boyd delivered the opinion of the Court.
(6/30/2023 3:56:21 PM) 210769c.pdf, 210769.pdf, 21-0769.jmt.pdf
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| 02/20/2023 | Post submission brief filed | |
Post-Submission Brief on the Merits filed on behalf of The Kansas City Southern Railway Company.
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| 01/31/2023 | Oral argument | |
Argued on behalf of Petitioners by Matthew J. Kita; Argued on behalf of Respondent by Paul O. Wickes
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| 01/27/2023 | Submission Schedule | |
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| 01/10/2023 | Oral Argument Submission Form from Attorney received | |
Oral Argument Submission for filed on behalf of the Kansas City Southern Railway Company. Oral Argument will be presented by Paul O. Wickes of Wickes Law, PLLC, Plano, Texas.
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| 01/09/2023 | Oral Argument Submission Form from Attorney received | |
Oral Argument Submission form filed on behalf of Angela Horton, et al. Oral Argument will be presented by Matthew J. Kita of Dallas, Texas.
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| 12/16/2022 | Case set for oral argument | Case set for oral argument |
This case has been set for oral argument at 9:00 a.m., January 31, 2023. Time allotted to argue: 20/20 minutes
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| 12/16/2022 | Petition for Review disposed | Filing granted |
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| 12/16/2022 | Petition for Review granted | |
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| 12/16/2022 | Case set for oral argument | Case set for oral argument |
This case has been set for oral argument at 9:00 a.m., January 31, 2023. Time allotted to argue: 20/20 minutes
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| 12/16/2022 | Petition for Review disposed | Filing granted |
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| 12/16/2022 | Petition for Review granted | |
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| 11/30/2022 | Call received | |
Petitioner will file motion for extension of time to file tendered reply brief no later than today.
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| 11/30/2022 | Motion for Extension of Time disposed. | Filing granted |
Kansas City Southern Railway Company's Motion for Extension of Time to file Reply Brief on the Merits granted. Reply Brief is considered timely filed on November 23, 2022.
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| 11/30/2022 | Electronic communication sent to Party | |
Second email sent to petitioner requesting motion for extension of time to file reply brief on the merits.
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| 11/29/2022 | Motion for Extension of Time to File Brief filed | |
Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Kansas City Southern Railway Company.
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| 11/23/2022 | Electronic communication sent to Party | |
Email sent to counsel for Respondents/ Cross Petitioners.
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| 11/23/2022 | Reply Brief | |
Reply Brief on the Merits filed on behalf of Kansas City Southern Railway Company.
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| 11/09/2022 | Electronic communication sent to Party | |
Email sent to petitioner requesting motion for extension of time to file reply brief on the merits.
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| 11/08/2022 | Reply Brief | |
Reply Brief on the Merits filed on behalf filed on behalf of Angela Horton, et al.
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| 10/25/2022 | Electronic communication received from Party | |
The Clerk emailed counsel about the briefs in this case.
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| 10/13/2022 | Electronic communication sent to Party | |
Email sent to counsel for update on filing of extension and reply brief.
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| 10/04/2022 | Electronic communication received from Party | |
Reply email from counsel stating that they are delayed in filing the reply brief and if the Court would entertain a motion for extension of time to extend deadline to October 10, 2022. Court responded that a motion for extension of time may be filed per Tex. R. App. P. 55.7.
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| 10/04/2022 | Electronic communication sent to Party | |
Email sent to Petitioner's counsel for update when reply brief will be filed.
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| 09/29/2022 | Phone call from Clerk's Office | |
Call to counsel regarding filing of Reply Brief. Counsel will try to file early next week with motion for extension of time.
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| 09/07/2022 | Brief on the Merits | |
Respondent's Brief on the Merits filed on behalf of Kansas City Southern Railway Company.
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| 08/30/2022 | Motion for Extension of Time disposed. | Filing granted |
Motion for Extension of Time to file Response Brief on the Merits is granted. Response Brief is due September 7, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply Brief is due September 22, 2022.
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| 08/30/2022 | Motion 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 Kansas City Southern Railway Company.
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| 08/15/2022 | Motion for Extension of Time disposed. | Filing granted |
Second Motion for Extension of Time to file Petitioner's Brief on the Merits granted. Petitioner's tendered brief on the merits is considered filed August 11, 2022. Respondent's brief is due August 31, 2022; and Reply brief is due September 15, 2022.
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| 08/15/2022 | Call received | |
Call received from petitioner regarding brief on the merits.
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| 08/11/2022 | Brief on the Merits | |
Brief on the Merits filed on behalf of Angela Horton, et al.
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| 08/10/2022 | Electronic communication received from Party | |
Email received from counsel for Respondent regarding the Motion for Extension of Time to file Petitioner's Brief on the Merits.
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| 08/09/2022 | Electronic communication sent to Party | |
Email sent to counsel for Respondent to ask if they intend to file a response in opposition to the Motion for Extension of Time to file Petitioner's Brief on the Merits.
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| 08/09/2022 | Motion 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 Angela Horton, et al.
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| 08/09/2022 | Electronic communication sent to Party | |
Email sent to counsel for petitioner inquiring when motion for extension of time to file brief will be filed with the Court. Counsel's Reply email indicated the motion will be filed today.
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| 08/03/2022 | Call received | |
Call received from counsel for Petitioner. A motion for extension of time to file petitioner's brief on the merits will be filed shortly.
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| 06/27/2022 | Motion for Extension of Time disposed. | Filing granted |
Motion for Extension of Time to file Petitioner's Brief on the Merits granted. Further requests for extensions of time will be disfavored. Petitione's brief is due July 27, 2022; Respondent's brief is due August 16, 2022; and Reply brief is due August 31, 2022.
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| 06/27/2022 | Motion 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 Angela Horton, et al.
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| 06/01/2022 | Call received | |
Call from counsel for Respondent/Cross-Petitioner regarding briefing by Cross-Petitioner.
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| 05/27/2022 | Brief on the Merits Ordered | |
Brief on the Merits requested: Petitioner's brief due no later than June 27, 2022; Response brief due July 18, 2022; Reply brief due August 2, 2022.
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| 02/23/2022 | Motion for Extension of Time to File Response disposed | Filing granted |
Unopposed Second Motion for Extension of Time to file Response to Petition for Review is granted. Response was timely filed February 23, 2022.
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| 02/23/2022 | Motion for Extension of Time to File Response | |
Unopposed Second Motion for Extension of Time to file Response to Petition for Review filed on behalf of Angela Horton, et al.
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| 02/23/2022 | Response to Petition | |
Response to Cross-Petition for Review filed on behalf of Angela Horton, et al.
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| 02/23/2022 | Call received | |
Call from Petitioner/Cross-Respondent regarding motion for extension of time to file response.
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| 02/18/2022 | Electronic communication received from Party | |
Email received from counsel for Petitioner regarding filings.
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| 02/15/2022 | Electronic communication received from Party | |
Emails exchanged with counsel for Petitioner regarding filings.
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| 02/15/2022 | Phone call from Clerk's Office | |
Call made to counsel for Petitioner regarding submission of response to cross-petition for review.
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| 01/19/2022 | Response to Petition | |
Response to Petition for Review filed on behalf of the Kansas City Southern Railway Company.
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| 12/01/2021 | Motion for Extension of Time to File Response disposed | Filing granted |
Motion for Extension of Time to file Response to Petition for Review is granted. Responses are due January 19, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
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| 12/01/2021 | Motion for Extension of Time to File Response | |
Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of The Kansas City Southern Railway Company.
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| 11/19/2021 | Supreme Court of Texas Requested Response | |
Requested responses to both petitions for review due no later than December 20, 2021.
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| 10/19/2021 | Case forwarded to Court | |
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| 10/19/2021 | Case forwarded to Court | |
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| 10/15/2021 | Response Waiver filed | |
Response Waiver filed on behalf of Angela Horton and Kevin Houser.
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| 10/15/2021 | Petition for Review #2 | |
Petition for Review is filed on behalf of Kansas City Southern Railway Company.
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| 10/15/2021 | Response Waiver filed | |
Response Waiver filed on behalf of the Kansas City Southern Railway Company.
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| 10/07/2021 | 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. The Petition for Review filed on October 6, 2021 is considered timely filed.
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| 10/06/2021 | Phone call from Clerk's Office | |
Call made to counsel for Respondent to inquire about Respondent's position on the Second Motion for Extension of Time to file Petition for Review.
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| 10/06/2021 | Petition for Review | |
Petition for Review filed on behalf of Angela Horton, et al.
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| 10/06/2021 | Second 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 Angela Horton, et al.
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| 09/09/2021 | Motion for Extension of Time to File Petition for Review disposed | Filing granted |
Motion for Extension of Time to file Petition for Review granted. Petition is due by September 10, 2021.
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| 09/08/2021 | Electronic communication sent to Party | |
Email sent to counsel for Respondent inquiring about Respondent's position on the Motion for Extension of Time.
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| 09/08/2021 | Clerk's Record | |
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| 09/08/2021 | Court reporter/recorder's record | |
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| 09/07/2021 | Motion for Extension of Time to File Petition for Review filed | |
Motion for Extension of Time to file Petition for Review filed on behalf of Angela Horton, et al.
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