Supreme Court

Case: 21-0994    
21-0994
11/18/2021
Second Petition for Review/Cause under Rule 53.1
LG CHEM AMERICA, INC. AND LG CHEM, LTD. 
TOMMY MORGAN  
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
04/03/2023Post submission brief filedPetitioner Petitioners' Post-Submission Brief Responding to the State's Amicus Brief filed on behalf of LG Chem America, Inc., et al.
03/21/2023Exhibits in case/cause filedPetitioner Oral Argument Exhibits filed on behalf of LG Chem America, Inc., et al.
03/15/2023Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief received on behalf of State.
02/03/2023Brief on the MeritsPetitioner's Reply Brief Petitioner's Reply Brief on the Merits filed on behalf of LG Chem America, Inc., et al.
12/21/2022Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of Tommy Morgan.
10/24/2022Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of LG Chem America, Inc., et al.
07/25/2022Reply to ResponsePetitioner Reply in Support of Petitions for Review filed on behalf of LG Chem, LTD, et al.
06/22/2022Response to PetitionRespondent Response to Petition for Review filed on behalf of Tommy Morgan.
02/11/2022Petition for Review #2Event related to subsequent petition filed in case. Petition for Review filed on behalf of LG Chem, Ltd.
02/11/2022Petition for ReviewPetitioner Petition for Review filed on behalf of LG Chem America, Inc.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
07/21/2023Mandate issued  Mandate & Cost Bill Issued
07/21/2023Motion to stay mandate disposedDenied Petitioners' Motion to Stay Issuance of Mandate denied (Justice Young not participating)
07/18/2023Motion to stay mandate filed.  Opposed Motion to Stay Issuance of Mandate Pending Petition for Writ of Certiorari to the United States Supreme Court filed on behalf of LG Chem America, Inc., et al.
06/02/2023Motion 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 5, 2023. Further requests for extensions of time for this filing will be disfavored.
06/02/2023Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of LG Chem America, Inc., et al.
05/19/2023Court approved judgment sent to attorneys of recordIssued
05/19/2023Opinion issuedIssued
05/19/2023Opinion issuedCourt of appeals' judgment affirmed The Court affirms the court of appeals' judgment. Justice Huddle delivered the opinion of the Court. (Justice Young not participating)
(5/19/2023 12:23:10 PM) 210994.pdf, 21-0994.jmt.pdf
04/03/2023Post submission brief filed  Petitioners' Post-Submission Brief Responding to the State's Amicus Brief filed on behalf of LG Chem America, Inc., et al.
03/24/2023Notice from Counsel of a change in address  Change of Address filed on behalf of Tommy Morgan.
03/22/2023Oral argument   Argued on behalf of Petitioners by Sean Higgins; Argued on behalf of Respondent by Neil K. Sawhney; Argued on behalf of Amicus Curiae, The State of Texas, by Judd E. Stone II
03/22/2023Oral argument   Argued on behalf of Petitioners by Sean Higgins; Argued on behalf of Respondent by Neil K. Sawhney; Argued on behalf of Amicus Curiae, The State of Texas, by Judd E. Stone II
03/21/2023Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of LG Chem America, Inc., et al.
03/17/2023Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of Amicus Party the State of Texas. Oral Argument will be presented by Judd Stone of the Office of the Attorney General.
03/17/2023Miscellaneous motion disposed. See Remarks.Filing granted Motion of Amicus Curiae to Participate in Oral Argument granted.  Time allotted to argue: 20/13/7 minutes (Justice Young not participating)
03/16/2023Letter Filed  Letter filed on behalf of Tommy Morgan.
03/16/2023Call received  Call received from petitioner.
03/16/2023Phone call from Clerk's Office  Call made to petitioner.
03/15/2023Miscellaneous Motion  Motion to Participate in Oral Argument received on behalf of State.
03/15/2023Amicus Curiae Brief received  Amicus Brief received on behalf of State.
03/15/2023Letter Filed  Letter filed on behalf of LG Chem America, Inc., et al.
03/06/2023Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Sean Higgins of Lewis Brisbois, Houston, TX, filed  on behalf of Petitioners LG Chem Am., Inc., et al.
03/01/2023Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Mr. Neil K. Sawnney wth Gupta Wessler PLLC of San Francisco, CA, filed on behalf of Tommy Morgan.
02/27/2023Letter Filed  Letter requesting access to record filed on behalf of the State of Texas.
02/24/2023Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., March 22, 2023.  Time allotted to argue: 20/20 minutes (Justice Young not participating)
02/24/2023Petition for Review disposedFiling granted
02/24/2023Petition for Review granted 
02/24/2023Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., March 22, 2023.  Time allotted to argue: 20/20 minutes (Justice Young not participating)
02/24/2023Petition for Review disposedFiling granted
02/24/2023Petition for Review granted 
02/03/2023Brief on the Merits  Petitioner's Reply Brief on the Merits filed on behalf of LG Chem America, Inc., et al.
01/26/2023Motion for Extension of Time disposed.Filing granted 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 February 3, 2023. Further requests for extensions of time for this filing will not be considered.
01/25/2023Motion 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 LG Chem America, Inc., et al.
01/06/2023Pro hac vice motion disposedFiling granted Motion for Admission Pro Hac Vice of Neil K. Sawhney granted.
01/06/2023Pro hac vice motion disposedFiling granted Motion in support of Pro Hav Vice Admission of Neil K. Sawhney granted.
01/06/2023Pro hac vice motion filed  Motion in support of Pro Hac Vice Admission of Neil K. Sawhney filed on behalf of Tommy Morgan.
01/06/2023Pro hac vice motion filed  Motion for Admission Pro Hac Vice of Neil K. Sawhney filed on behalf of Tommy Morgan.
01/04/2023Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Reply Brief on the Merits granted. Reply Brief is due January 25, 2023. Further requests for extensions of time for this filing will be disfavored.
01/04/2023Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of LG Chem America, Inc., et al.
12/21/2022Brief on the Merits  Response Brief on the Merits filed on behalf of Tommy Morgan.
12/08/2022Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Response Brief on the Merits granted. Response Brief on the Merits due December 21, 2022. Reply Brief due January 5, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
12/08/2022Motion for Extension of Time to File Brief filed  Second Motion for Extension of Time to file Response Brief on the Merits filed on behalf of Tommy Morgan.
11/09/2022Motion for Extension of Time disposed.Filing granted in part Motion for Extension of Time to file Response Brief on the Merits is granted IN PART. Response Brief is due December 14, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply Brief is due December 29, 2022.
11/09/2022Motion 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 Tommy Morgan.
10/24/2022Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of LG Chem America, Inc., et al.
10/17/2022Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioner's Brief on the Merits granted. Petitioner's Brief due October 24, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Response Brief due November 14, 2022. Reply Brief due November 29, 2022.
10/17/2022Motion for Extension of Time to File Brief filed  Second Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of LG Chem America, Inc., et al.
09/29/2022Motion 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. Petitioner's briefs are due no later than October 17, 2022; Respondent's brief is due November 7, 2022; and Reply briefs are due November 22, 2022.
09/29/2022Motion 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 LG Chem America, Inc., et al.
09/02/2022Brief on the Merits Ordered  Brief on the merits requested: Petitioner's brief due no later than October 3, 2022; Response brief due October 24, 2022; Reply brief due November 8, 2022.
07/25/2022Reply to Response  Reply in Support of Petitions for Review filed on behalf of LG Chem, LTD, et al.
07/21/2022MET to file reply disposed ofFiling granted Unopposed Motion for Extension of Time to file Reply in Support of Petition for Review is granted. Reply is due July 25, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
07/21/2022Motion 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 LG Chem America, Inc. and LG Chem, Ltd.
06/30/2022Letter Filed  Letter filed on behalf of LG Chem America, Inc. and LG Chem, Ltd.
06/22/2022Response to Petition  Response to Petition for Review filed on behalf of Tommy Morgan.
06/17/2022Pro hac vice motion disposedFiling granted Motion of Resident Attorney in Support of Deepak Gupta's Admission Pro Hac Vice is granted.
06/17/2022Pro hac vice motion disposedFiling granted Motion for Admission Pro Hac Vice for Deepak Gupta is granted.
06/17/2022Pro hac vice motion disposedFiling granted Motion of Resident Attorney in Support of Jennifer D. Bennett's Admission Pro Hac Vice is granted.
06/17/2022Pro hac vice motion disposedFiling granted Motion for Admission Pro Hac Vice for Jennifer D. Bennett is granted.
06/17/2022Pro hac vice motion disposedFiling granted Motion of Resident Attorney in Support of Jonathan Taylor's Admission Pro Hac Vice is granted.
06/17/2022Pro hac vice motion disposedFiling granted Motion for Admission Pro Hac Vice for Jonathan Taylor is granted.
06/16/2022Pro hac vice motion filed  Unopposed Motion of Resident Attorney A. Craig Eiland in Support of Jennifer D. Bennett's Admission Pro Hac Vice filed on behalf of Tommy Morgan.
06/16/2022Pro hac vice motion filed  Unopposed Motion for Admission Pro Hac Vice for Jennifer D. Bennett filed on behalf of Tommy Morgan.
06/16/2022Phone call from Clerk's Office  Call made to counsel for Respondent regarding Pro Hac Vice motions.
06/16/2022Electronic communication sent to Party  Email sent to counsel for Respondent regarding Pro Hac Vice motions.
06/16/2022Call received  Call received from counsel for Respondent inquiring about Pro Hac Vice motions.
06/16/2022Pro hac vice motion filed  Motion of Resident Attorney A. Craig Eiland in Support of Deepak Gupta's Admission Pro Hac Vice filed on behalf of Tommy Morgan.
06/16/2022Pro hac vice motion filed  Motion for Admission Pro Hac Vice for Deepak Gupta filed on behalf of Tommy Morgan.
06/16/2022Pro hac vice motion filed  Motion of Resident Attorney A. Craig Eiland in Support of Jonathan E. Taylor's Admission Pro Hac Vice filed on behalf of Tommy Morgan.
06/16/2022Pro hac vice motion filed  Motion for Admission Pro Hac Vice for Jonathan E. Taylor filed on behalf of Tommy Morgan.
05/02/2022Motion for Extension of Time to File Response disposedFiling granted Unopposed Motion for Extension of Time to file Response to Petition for Review is granted. Response is due no later than June 22, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
04/29/2022Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Tommy Morgan.
04/22/2022Supreme Court of Texas Requested Response  Requested responses to both petitions for review due no later than May 23, 2022.
03/22/2022Case forwarded to Court 
03/22/2022Case forwarded to Court 
03/14/2022Response Waiver filed  Response Waiver filed on behalf of Tommy Morgan.
02/11/2022Petition for Review #2  Petition for Review filed on behalf of LG Chem, Ltd.
02/11/2022Petition for Review  Petition for Review filed on behalf of LG Chem America, Inc.
01/25/2022Pro hac vice motion disposedFiling granted Motion of Resident Attorney in Support of Angela J. Nehmens' Admission Pro Hac Vice is granted.
01/25/2022Pro hac vice motion disposedFiling granted Motion for Admission Pro Hac Vice for Angela J. Nehmens is granted.
01/25/2022Pro hac vice motion filed  Motion of Resident Attorney A. Craig Eiland in Support of Angela J. Nehmens Admission Pro Hac Vice filed on behalf of Tommy Morgan.
01/25/2022Pro hac vice motion filed  Motion for Admission Pro Hac Vice for Angela J. Nehmens filed on behalf of Tommy Morgan.
01/20/2022Third Motion for Extension of Time to File Petition for Review disposedFiling granted LG Chem America, Inc.'s Third Motion for Extension of Time to file Petition for Review is granted. Petition for Review is due February 11, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
01/20/2022Third Motion for Extension of Time to File Petition for Review disposedFiling granted LG Chem, Ltd.'s Third Motion for Extension of Time to file Petition for Review is granted. Petition for Review is due February 11, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
01/20/2022Third Motion for Extension of Time to File Petition for Review filed  Unopposed Third Motion for Extension of Time to file Petition for Review filed on behalf of LG Chem America, Inc.
01/20/2022Third Motion for Extension of Time to File Petition for Review filed  Unopposed Third Motion for Extension of Time to file Petition for Review filed on behalf of LG Chem, Ltd.
12/22/2021Second Motion for Extension of Time to File Petition for Review disposedFiling granted LG Chem, Ltd.'s Second Motion for Extension of Time to file Petition for Review is granted. Petition for Review is due January 21, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
12/22/2021Second 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 LG Chem, Ltd.
12/22/2021Second Motion for Extension of Time to File Petition for Review disposedFiling granted LG Chem America, Inc.'s 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 January 21, 2022.
12/22/2021Second 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 LG Chem America, Inc.
11/19/2021Motion for Extension of Time to File Petition for Review disposedFiling granted LG Chem America, Inc.’s Unopposed Motion for Extension of Time to file Petition for Review is granted. Petition for Review is due December 22, 2021.
11/19/2021Motion for Extension of Time to File Petition for Review disposedFiling granted LG Chem Ltd.'s Unopposed Motion for Extension of Time to file Petition for Review is granted. Petition for Review is due December 22, 2021.
11/18/2021Motion for Extension of Time to File Petition for Review #2 filed  Unopposed Motion for Extension of Time to file Petition for Review filed on behalf of LG Chem America, Inc.
11/18/2021Motion 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 LG Chem, Ltd.
11/18/2021Court reporter/recorder's record 
11/18/2021Supplement to Clerk's/Reporter's Record 
11/18/2021Clerk's Record 
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
07/21/2023Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
LG Chem, Ltd.Petitioner 2Mr. Sean Higgins
Morgan , TommyRespondentDeepak Gupta
Jennifer D. Bennett
Ms. Angela J. Nehmens
Neil Sawhney
Mr. Craig Eiland
Jonathan E. Taylor
State of TexasOther interested party Atty. Gen. W. Kenneth Paxton Jr.
Mr. Brent Webster
Mr. Judd Stone II
Justin Manchester
Ms. Lanora C. Pettit
LG Chem America, Inc.Petitioner 1Mr. Sean Higgins
Court of Appeals Information:
Affirmed  
663 SW3d 217, 12-15-20 
1st Court of Appeals 
Honorable Evelyn Keyes 
Trial Court Information
239th District Court 
Brazoria 
Honorable Patrick Edward Sebesta 
100728-CV