Supreme Court

Case: 23-0384    
23-0384
05/23/2023
Petition for Review/Cause under Rule 53.1
AMERICAN MIDSTREAM (ALABAMA INTRASTATE), LLC 
RAINBOW ENERGY MARKETING CORPORATION 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
01/10/2025Exhibits in case/cause filedRespondent Oral Argument Exhibits filed on behalf of Rainbow Energy Marketing Corporation.
01/10/2025Exhibits in case/cause filedPetitioner Oral Argument exhibits filed on behalf of American Midstream, LLC.
09/16/2024Brief on the MeritsPetitioner Reply Brief on the Merits filed on behalf of American Midstream, LLC.
07/31/2024Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of Rainbow Energy Marketing Corporation.
04/26/2024Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of American Midstream, LLC.
01/10/2024Reply to ResponsePetitioner Reply in Support of Petition for Review filed on behalf of Rainbow Energy Marketing Corporation.
12/22/2023Response to PetitionRespondent Response to Petition for Review filed on behalf of Rainbow Energy Marketing Corporation.
10/30/2023Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of David R. Dow of University of Houston Law Center of Houston, Texas.
07/27/2023Petition for ReviewPetitioner Petition for Review filed on behalf of American Midstream, LLC.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/31/2024Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Rainbow Energy Marketing Corporation. Oral Argument will be presented by R. Alan York of Reed Smith LLP, of Houston, Texas.
12/27/2024Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of American Midstream, LLC. Oral Argument will be presented by Polly B. Fohn of Haynes and Boone, LLP of Houston, Texas.
12/27/2024Motion to withdraw disposed ofFiling granted Motion to Withdraw is granted.
12/23/2024Motion to Withdraw Filed  Motion to Withdraw filed on behalf of American Midstream, LLC.
12/22/2023Response to Petition  Response to Petition for Review filed on behalf of Rainbow Energy Marketing Corporation.
11/13/2023Motion for Extension of Time to File Response disposedFiling granted Second Motion for Extension of Time to file Response to Petition for Review is granted. Response is due December 22, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
11/13/2023Motion 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 Rainbow Energy Marketing Corporation.
10/30/2023Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of David R. Dow of University of Houston Law Center of Houston, Texas.
10/18/2024Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., January 13, 2025. Time allotted to argue: 20/20 minutes (Justice Devine not participating)
10/18/2024Petition for Review disposedFiling granted
10/18/2024Petition for Review granted 
10/04/2023Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Response to Petition for Review is granted. Response is due on November 22, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
10/04/2023Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Rainbow Energy Marketing Corporation.
09/22/2023Supreme Court of Texas Requested Response  Requested response to petition for review due no later than October 23, 2023.
09/16/2024Brief on the Merits  Reply Brief on the Merits filed on behalf of American Midstream, LLC.
08/22/2023Case forwarded to Court 
08/21/2023Response Waiver filed  Response Waiver filed on behalf of Rainbow Energy Marketing Corporation.
08/12/2024Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Reply Brief on the Merits is granted. Reply Brief is due September 16, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
08/09/2024Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of American Midstream, LLC.
07/31/2024Brief on the Merits  Response Brief on the Merits filed on behalf of Rainbow Energy Marketing Corporation.
07/27/2023Petition for Review  Petition for Review filed on behalf of American Midstream, LLC.
07/10/2024Motion for Extension of Time disposed.Filing granted Unopposed Third Motion for Extension of Time to file Response Brief on the Merits is granted. Response Brief is due July 31, 2024. Further requests for extensions of time for this filing will not be considered. Reply Brief is due August 15, 2024.
07/10/2024Motion for Extension of Time to File Brief filed  Unopposed Third Motion for Extension of Time to file Response Brief on the Merits filed on behalf of Rainbow Energy Marketing Corporation.
07/08/2025Mandate issued  Mandate & Cost Bill Issued
06/27/2023Second Motion for Extension of Time to File Petition for Review disposedFiling granted Second Motion for Extension of Time to file Petition for Review is granted. Petition for Review is due July 31, 2023. Further requests for extensions of time for this filing will be disfavored.
06/27/2023Second 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 American Midstream, LLC.
06/13/2024Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Response Brief on the Merits is granted. Response Brief is due July 17, 2024. Further requests for extensions of time for this filing will not be considered. Reply Brief is due August 1, 2024.
06/13/2024Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Response Brief on the Merits filed on behalf of Rainbow Energy Marketing Corporation.
05/23/2025Court approved judgment sent to attorneys of recordIssued
05/23/2025Opinion issuedCourt of Appeals' judgment reversed in part, rendered in part, and remanded to trial court The Court reverses the court of appeals' judgment, renders judgment in part, and remands the case to the trial court. Justice Sullivan delivered the opinion of the Court.  (Justice Devine not participating)
(5/23/2025 2:50:34 PM) 230384.pdf, 23-0384.jmt.pdf
05/23/2023Motion 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 June 29, 2023.
05/23/2023Motion for Extension of Time to File Petition for Review filed  Unopposed Motion for Extension to file Petition for Review filed on behalf of American Midstream, LLC.
05/23/2023Court reporter/recorder's record 
05/23/2023Court reporter/recorder's record 
05/23/2023Court reporter/recorder's record 
05/23/2023Court reporter/recorder's record 
05/23/2023Court reporter/recorder's record 
05/23/2023Court reporter/recorder's record 
05/23/2023Court reporter/recorder's record 
05/23/2023Supplement to Clerk's/Reporter's Record 
05/23/2023Clerk's Record 
05/23/2023Court reporter/recorder's record 
05/23/2023Court reporter/recorder's record 
05/23/2023Supplement to Clerk's/Reporter's Record 
05/13/2024Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Respondent's Brief on the Merits is granted. Respondent's Brief on the Merits is due June 17, 2024. Petitioner's Reply brief is due July 2, 2024. Further requests for extensions of time for this filing will be disfavored.
05/13/2024Motion 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 Rainbow Energy Marketing Corporation.
04/26/2024Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of American Midstream, LLC.
03/18/2024Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioner's Brief on the Merits granted. Petitioner's Brief is due April 26, 2024. Respondent's Brief is due May 16, 2024. Reply Brief is due May 31, 2024. Further requests for extensions of time for this filing will not be considered.
03/18/2024Motion 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 American Midstream, LLC.
02/14/2024Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioner's Brief on the Merits granted. Petitioner's Brief on the Merits is due March 27, 2024. Respondent's Brief on the Merits is due April 16, 2024. Reply Brief is due May 1, 2024. Further requests for extensions of time for this filing will be disfavored.
02/14/2024Motion 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 American Midstream, LLC.
01/26/2024Brief on the Merits Ordered  Brief on the merits requested: Petitioner's brief due no later than February 26, 2024; Response brief due March 18, 2024; Reply brief due April 2, 2024.
01/13/2025Oral argument   Argued on behalf of Petitioner by Polly B. Fohn; Argued on behalf of Respondent by R. Alan York (Justice Devine not participating)
01/10/2025Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of Rainbow Energy Marketing Corporation.
01/10/2025Exhibits in case/cause filed  Oral Argument exhibits filed on behalf of American Midstream, LLC.
01/10/2024Reply to Response  Reply in Support of Petition for Review filed on behalf of Rainbow Energy Marketing Corporation.
01/05/2024MET to file reply disposed ofFiling granted Motion for Extension of Time to file Reply in Support of Petition for Review is granted. Reply is due January 22, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
01/05/2024Motion 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 American Midstream, LLC.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
07/08/2025Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
American Midstream, LLC PetitionerMs. Lynne Liberato
Mr. Joseph A. Fischer III
Ms. Polly B. Fohn
Ms. Amy Lucile Baird  
Mr. Mark R. Trachtenberg
Ms. Natasha Breaux
Mr. Richard A. Howell  
Mr. Luke J. Gilman
Rainbow Energy Marketing Corporation RespondentMr. Edward Duffy
Mr. Kenneth Broughton
Michael Taylor
Mr. Robert Alan York
Christopher Donovan
Dow, David R.Amicus CuriaeMr. David R. Dow
Court of Appeals Information:
Affirmed  
667 SW3d 837, 04-13-23 
1st Court of Appeals 
Honorable Richard F. Hightower 
Trial Court Information
157th District Court 
Harris 
Honorable Tanya Garrison 
2017-24591