Supreme Court

Case: 23-0493    
23-0493
06/28/2023
Petition for Review/Cause under Rule 53.1
WERNER ENTERPRISES, INC. AND SHIRAZ A. ALI 
JENNIFER BLAKE, INDIVIDUALLY AND AS NEXT FRIEND FOR NATHAN BLAKE, AND AS HEIR OF THE ESTATE OF ZACKERY BLAKE, DECEASED; AND ELDRIDGE MOAK, IN HIS CAPACITY AS GUARDIAN OF THE ESTATE OF BRIANNA BLAKE 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
08/13/2025Motion for RehearingRespondent's Motion for Rehearing of Cause filed Motion for Rehearing filed on behalf of Jennifer Blake, et al.
02/04/2025Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received from Elizabeth M. Fraley and Anthony K. Bruster of Baylor University School of Law, Waco, Texas.
12/11/2024Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of Roach Newton, LLP, submitted on behalf of Robert M. (Randy) Roach, et al., of Houston, Texas.
12/02/2024Exhibits in case/cause filedPetitioner Petitioner's Oral Argument Bench book filed on behalf of Werner Enterprises, Inc., et al.
12/02/2024Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of Schneider National Carriers, Inc., submitted on behalf of Michael W. Eady and Elizabeth Z Brabb of Thompson, Coe, Cousins & Irons of Austin, Texas.
11/19/2024Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of Acuity Insurance, submitted by Andrew J. Upton and Lindsay G. Gorbach of Mayer LLP, of Dallas, Texas.
08/28/2024Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of Texas Civil Justice League submitted by George S. Christian of Austin, Texas.
08/08/2024Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of the American Trucking Associations submitted by David E. Keltner and Jacob A. deKeratry of Kelly Hart & Hallman LLP of Fort Worth, Texas.
06/19/2024Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of Texans for Lawsuit Reform submitted by E. Lee Parsley of Texans for Lawsuit Reform from Austin, Texas.
06/18/2024Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of the Chamber of Commerce of the United States submitted by Marcella Burke of Burke Law Group from Houston, Texas.
06/18/2024Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Werner Enterprises, Inc., et al.
05/06/2024Brief on the MeritsRespondent Respondents' Brief on the Merits filed on behalf of Jennifer Blake, et al.
02/16/2024Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of the Texas Trucking Association and the Trucking Industry Defense Association submitted by Juan Roberto Fuentes and Nicholas Van Cleve of The Fuentes Firm, P.C., of Spring, Texas.
02/15/2024Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Werner Enterprises, Inc., et al.
12/01/2023Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of American Trucking Association.
11/02/2023Reply to Response to Petition filed Petitioner Reply in support of Petition for Review filed on behalf of Werner Enterprises, Inc., et al.
10/20/2023Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of Texas Association of Defense Council submitted by Stephen Bosky of Ramon Worthington Nicolas & Cantu, PLLC of Bee Cave, Texas.
10/18/2023Response to PetitionRespondent Response to Petition for Review filed on behalf of Jennifer Blake, et al.
08/17/2023Petition for ReviewPetitioner Petition for Review filed on behalf of Werner Enterprises, Inc., et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/15/2023Brief on the Merits Ordered  Brief on the merits requested: Petitioner's brief due no later than January 16, 2024; Respondent's brief due February 5, 2024; Reply brief due February 20, 2024.
12/11/2024Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of Roach Newton, LLP, submitted on behalf of Robert M. (Randy) Roach, et al., of Houston, Texas.
12/03/2024Oral argument   Argued on behalf of Petitioners by Thomas C. Wright and Thomas R. Philips; Argued on behalf of Respondents by Darrin M. Walker
12/02/2024Exhibits in case/cause filed  Petitioner's Oral Argument Bench book filed on behalf of Werner Enterprises, Inc., et al.
12/02/2024Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of Schneider National Carriers, Inc., submitted on behalf of Michael W. Eady and Elizabeth Z Brabb of Thompson, Coe, Cousins & Irons of Austin, Texas.
12/01/2023Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of American Trucking Association.
11/27/2024Submission Schedule 
11/19/2024Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of Acuity Insurance, submitted by Andrew J. Upton and Lindsay G. Gorbach of Mayer LLP, of Dallas, Texas.
11/18/2024Oral Argument Submission Form from Attorney received  Oral Argument Submission Form received on behalf of Werner Enterprises, Inc., et al. Oral Argument will be presented by Thomas C. Wright amd Thomas R. Phillips of Wright Close & Barger, LLP.
11/15/2024Oral Argument Submission Form from Attorney received  Oral Argument Submission Form received on behalf of Jennifer Blake, et al. Oral Argument will be presented by Darrin M. Walker of the Law Office of Darrin Walker of Kingwood, Texas.
11/02/2023Reply to Response to Petition filed   Reply in support of Petition for Review filed on behalf of Werner Enterprises, Inc., et al.
10/24/2023Case forwarded to Court 
10/20/2023Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of Texas Association of Defense Council submitted by Stephen Bosky of Ramon Worthington Nicolas & Cantu, PLLC of Bee Cave, Texas.
10/18/2023Response to Petition  Response to Petition for Review filed on behalf of Jennifer Blake, et al.
09/29/2025Mandate issued  Mandate & Cost Bill Issued
09/26/2025Motion for Rehearing - DisposedDenied with Justice not sitting. (Justice Lehrmann not participating)
09/01/2023Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Response to Petition for Review is granted. Petition for Review is due October 18,  2023. Further requests for extensions of time for this filing will be disfavored.
09/01/2023Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Jennifer Blake, et al.
08/30/2024Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., December 3, 2024. Time allotted to argue: 20/20 minutes (Justice Lehrmann not participating)
08/30/2024Petition for Review disposedFiling granted
08/30/2024Petition for Review granted 
08/28/2024Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of Texas Civil Justice League submitted by George S. Christian of Austin, Texas.
08/17/2023Petition for Review  Petition for Review filed on behalf of Werner Enterprises, Inc., et al.
08/14/2025Case forwarded to Court 
08/13/2025Response Waiver filed  Response Waiver filed on behalf of Werner Enterprises, Inc.
08/13/2025Motion for Rehearing  Motion for Rehearing filed on behalf of Jennifer Blake, et al.
08/08/2024Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of the American Trucking Associations submitted by David E. Keltner and Jacob A. deKeratry of Kelly Hart & Hallman LLP of Fort Worth, Texas.
07/27/2023Second 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 August 17, 2023. Further requests for extensions of time for this filing will be disfavored.
07/27/2023Second Motion for Extension of Time to File Petition for Review filed  Second Unopposed Motion for Extension of Time to file Petition for Review filed on behalf of Werner Enterprises, Inc., et al.
07/08/2025Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Motion for Extension of Time to file Motion for Rehearing granted. Further requests for extensions of time will be disfavored. Motion for Rehearing is due no later than August 13, 2025.
07/07/2025Motion for Extension of Time to File Motion for Rehearing  Motion for Extension of Time to file Motion for Rehearing filed on behalf of Jennifer Blake, et al.
06/28/2023Motion 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 August 2, 2023.
06/28/2023Motion 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 Werner Enterprises, INC., et al.
06/28/2023Court reporter/recorder's record 
06/28/2023Court reporter/recorder's record 
06/28/2023Court reporter/recorder's record 
06/28/2023Supplement to Clerk's/Reporter's Record 
06/28/2023Court reporter/recorder's record 
06/28/2023Clerk's Record 
06/27/2025Court approved judgment sent to attorneys of recordIssued
06/27/2025Dissenting opinion issued.Issued Justice Bland filed a dissenting opinion, in which Justice Boyd and Justice Huddle joined.
06/27/2025Concurring Opinion issued.Issued Justice Young filed a concurring opinion, in which Justice Huddle joined.
06/27/2025Opinion issuedCourt of Appeals' judgment reversed & judgment rendered The Court reverses the court of appeals' judgment and renders judgment. Chief Justice Blacklock delivered the opinion of the Court, in which Justice Devine, Justice Busby, Justice Young, and Justice Sullivan joined. (Justice Lehrmann not participating)
(6/27/2025 6:07:06 PM) 230493d.pdf, 230493c.pdf, 230493.pdf, 23-0493.jmt.pdf
06/25/2024Pro hac vice motion disposedFiling granted Motion of Resident Attorney in Support of Jeffrey A. Hall’s Admission Pro Hac Vice is granted.
06/25/2024Pro hac vice motion disposedFiling granted Motion of Resident Attorney in Support of Jonathan D. Urick’s Admission Pro Hac Vice is granted.
06/25/2024Pro hac vice motion disposedFiling granted Motion for Admission Pro Hac Vice of Jeffrey A. Hall is granted.
06/25/2024Pro hac vice motion disposedFiling granted Motion for Admission Pro Hac Vice for Jonathan D. Urick is granted.
06/24/2024Pro hac vice motion filed  Motion of Resident Attorney Marcella Bruke in support of Jonathan D. Urick's Admission Pro Hac Vice filed on behalf of the Chamber of Commerce of the United States of America.
06/24/2024Pro hac vice motion filed  Motion of Resident Attorney Marcella Burke in support of Jeffrey A. Hall's Admission Pro Hac Vice filed on behalf of the Chamber of Commerce of the United States of America.
06/24/2024Pro hac vice motion filed  Motion for Admission Pro Hac Vice for Jeffrey A. Hall filed on behalf of the Chamber of Commerce of the United States of America.
06/24/2024Pro hac vice motion filed  Motion for Admission Pro Hac Vice for Jonathan D. Urick filed on behalf of the Chamber of Commerce of the United States of America.
06/19/2024Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of Texans for Lawsuit Reform submitted by E. Lee Parsley of Texans for Lawsuit Reform from Austin, Texas.
06/19/2024Electronic communication sent to Party  Email sent to counsel for Amicus Curiae regarding filing.
06/18/2024Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of the Chamber of Commerce of the United States submitted by Marcella Burke of Burke Law Group from Houston, Texas.
06/18/2024Reply Brief  Reply Brief on the Merits filed on behalf of Werner Enterprises, Inc., et al.
06/03/2024Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Reply Brief on the Merits is granted. Reply Brief is due June 18, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
06/03/2024Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Werner Enterprises, Inc., et al.
05/21/2024Motion 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 June 4, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
05/20/2024Motion 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 Werner Enterprises, Inc., et al.
05/06/2024Brief on the Merits  Respondents' Brief on the Merits filed on behalf of Jennifer Blake, et al.
05/06/2024Letter Filed  Letter filed on behalf of Jennifer Blake, et al.
03/14/2024Motion 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 May 6, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Reply Brief is due May 21, 2024.
03/14/2024Motion 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 Jennifer Blake, et al.
03/01/2024Motion 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 April 5, 2024. Further requests for extensions of time for this filing will be disfavored. Rely Brief is due April 22, 2024.
03/01/2024Motion 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 Jennifer Blake, et al.
02/16/2024Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of the Texas Trucking Association and the Trucking Industry Defense Association submitted by Juan Roberto Fuentes and Nicholas Van Cleve of The Fuentes Firm, P.C., of Spring, Texas.
02/15/2024Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Werner Enterprises, Inc., et al.
02/15/2024Letter Filed  Letter filed on behalf of Werner Enterprises, Inc., et al.
02/04/2025Amicus Curiae Brief received  Amicus Curiae Brief received from Elizabeth M. Fraley and Anthony K. Bruster of Baylor University School of Law, Waco, Texas.
01/10/2024Motion 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 is due February 15, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response Brief is due March 6, 2024. Reply Brief is due March 21, 2024.
01/10/2024Motion 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 Werner Enterprises, Inc., et al.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
09/29/2025Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Schneider National Carriers, Inc.Amicus CuriaeMs. Elizabeth Z. Brabb
Mr. Michael W. Eady
Ali, Shiraz A.PetitionerMr. Thomas Phillips
Ms. Amanda S. Hilty
Bill W Sanford Jr.
Mr. Brian J. Cathey
Mr. Thomas C. Wright
Ms. Eva M. Guzman
Mr. Christopher Carter
Mr. Dale R. Mellencamp
Mr. R. Russell Hollenbeck
Claire Mahoney
Bruster, Anthony K.Amicus CuriaeMr. Anthony Bruster
Texas Association of Defense CouncilAmicus CuriaeStephen Bosky
Roach Newton, LLPAmicus CuriaeMr. Robert M. Randy Roach Jr.
Mr. Manuel Lopez  
Fraley, Elizabeth M.Amicus CuriaeMs. Elizabeth M. Fraley
Chamber of Commerce of the United States of AmericaAmicus CuriaeMr. Jonathan D. Urick
Jeffrey A. Hall
Ms. Marcella Burke
Jennifer Blake, Individually and as next friend for Nathan Blake, and as heir of the Estate of Zachery Blake, deceasedRespondentMr. Darrin M. Walker
Zollie Steakley
Mr. Christopher Knight
Ms. Kelley Denney Peacock
Mr. Eric Penn
Mr. Michael A. Hatchell
Mr. Gene M. Zona Jones II
Texans for Lawsuit ReformAmicus CuriaeMr. E. Lee Parsley
Ms. Rebecca Helterbrand
Texas Trucking Association (TXTA) and Trucking Industry Defense Association (TIDA)Amicus CuriaeNicholas Van Cleve
Mr. Juan Roberto Fuentes  
American Trucking AssociationAmicus CuriaeMr. David E. Keltner
Mr. Jacob DeKeratry
Acuity InsuranceAmicus CuriaeLindsay Gorbach
Andrew J. Upton
Werner Enterprises, INC.PetitionerMr. Dale R. Mellencamp
Ms. Eva M. Guzman
Claire Mahoney
Mr. R. Russell Hollenbeck
Mr. Thomas Phillips
Ms. Amanda S. Hilty
Mr. Christopher Carter
Bill W Sanford Jr.
Mr. Thomas C. Wright
Mr. Brian J. Cathey
Texas Civil Justice LeagueAmicus CuriaeMr. George S. Christian
Eldridge Moak, as Guardian of the Estate of Brianna BlakeRespondentMr. Eric Penn
Zollie Steakley
Mr. Gene M. Zona Jones II
Mr. Darrin M. Walker
Court of Appeals Information:
Affirmed  
672 SW3d 554, 05-18-23 
14th Court of Appeals 
Honorable Meagan Hassan 
Trial Court Information
127th District Court 
Harris 
Honorable Ravi K. Sandill 
2015-36666